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Content Overview

The Texas DWC049 form plays a crucial role in the workers' compensation process by allowing individuals to request a Medical Contested Case Hearing (MCCH). This form is essential for those who wish to appeal decisions made by Independent Review Organizations regarding medical necessity or to contest medical fee disputes. When filling out the DWC049, individuals must specify the type of hearing they are requesting and provide detailed information about the injured employee, including their name, date of injury, and relevant insurance details. The form also requires the requester to indicate if any special accommodations are needed and whether the injured employee qualifies as a first responder, which may expedite the hearing process. Additionally, it is important to note that the form must be submitted within specific time frames, depending on the type of dispute, to ensure timely resolution. Completing the DWC049 accurately is vital, as an incomplete form may delay the scheduling of the hearing. Understanding the requirements and implications of this form can significantly impact the outcome of a workers' compensation claim.

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DWC049
DWC049 Rev. 11/17 Page 1 of 3
Complete if known:
DWC Claim #
Carrier Claim #
Request to Schedule a Medical Contested Case Hearing (MCCH)
Type (or print in black ink) each item on this form
I. REQUEST SPECIFICATIONS
1. Check the appropriate box to indicate the type of medical contested case hearing you are requesting:
Appeal of an Independent Review Organization (IRO) Medical Necessity Decision to the TDI-DWC.
Attach a copy of the IRO decision.
Appeal of Medical Fee Dispute Decision to State Office of Administrative Hearings (SOAH).
Enter the date the Benefit Review Conference ended (mm/dd/yyyy)
IMPORTANT NOTE: In an appeal to SOAH, the non-prevailing (losing) party is required to reimburse the TDI-DWC for the
costs of the services provided at SOAH. In the event of a dismissal, the party who requested the SOAH hearing is required to
reimburse the TDI-DWC. These requirements do not apply to the injured employee.
2. Check the appropriate box(es) for services you are requesting, if any:
Expedited MCCH (specify reason*)
Special Accommodations (specify)
*Does not include claim involving a first responder. See Section III, Box 10 regarding expedited first responder claims.
II. INJURED EMPLOYEE CLAIM INFORMATION
3. Employee’s Name (Last, First, Middle)
4. Date of Injury (mm/dd/yyyy)
5. Employee’s Physical Address
(Street, City, State, Zip Code)
6. Insurance Carrier’s Name
7. Employer’s Business Name (at the time of the injury)
8. Employer’s Business Address (Street or PO Box, City, State, Zip Code)
For TDI-DWC Use Only
DWC049
DWC049 Rev. 11/17 Page 2 of 3
III. REQUESTER INFORMATION
9. Check the appropriate box:
Injured Employee Health Care Provider Subclaimant Pharmacy Processing Agent
Insurance Carrier Attorney for__________
10. Provide the following information:
Is the injured employee a first responder, as defined in Texas Labor Code §504.055, who sustained a serious bodily
injury*? Yes No
If yes, TDI-DWC will expedite an MCCH as follows:
Medical Fee Dispute: MCCH will be expedited only if the requester is the injured employee.
Medical Necessity Dispute: MCCH will be expedited regardless of requester type.
*bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ
11. If injured employee is checked in Box 9, is the employee assisted by the Office of Injured Employee
Counsel (OIEC)?
Yes No
12. Requester's Mailing Address (Street or PO Box, City, State, Zip Code)
13. Requester’s Printed Name/Title
14. Phone Number
15. Requester’s Signature
16. Date of Signature (mm/dd/yyyy)
NOTE: With few exceptions, upon your request, you are entitled to be informed about the information TDI-DWC collects about
you; get and review the information (Government Code, §§552.021 and 552.023); and have TDI-DWC correct information that is
incorrect (Government Code, §559.004). For more information, contact agencycouns[email protected]exas.gov
or you may refer to the
Corrections Procedure section at www.tdi.texas.gov.
Employee’s Name:
DWC Claim Number:
DWC049
DWC049 Rev. 11/17 Page 3 of 3
Frequently Asked Questions
Request to Schedule Medical Contested Case Hearing (MCCH)
Where will the MCCH be held?
Medical Fee Dispute: The State Office of Administrative Hearings (SOAH) will schedule the hearing
at the SOAH offices in Travis County.
Medical Necessity Dispute: The Texas Department of Insurance, Division of Workers’ Compensation
(TDI-DWC) will schedule the MCCH at a location not more than 75 miles from the injured employee’s
residence at the time of the injury or the address on this form, unless good cause exists for the selection
of a different location. You may request another location, but must provide an acceptable reason to
relocate the proceeding. The TDI-DWC will determine whether a change in location is appropriate. In
addition, injured employees may request the MCCH be held through a telephone conference.
What type of special accommodations will be provided?
The TDI-DWC or SOAH will provide accommodations to parties who qualify under the Americans with
Disabilities Act (ADA), and other reasonable accommodations at the discretion of the Administrative Law
Judge.
Who determines whether an MCCH is expedited?
If an expedited MCCH is requested in Section I, Box 2, the TDI-DWC will determine whether scheduling the
MCCH more quickly is appropriate.
If Yes is checked in Section III, Box 10 to indicate that the injured employee is a first responder, the TDI-DWC
will expedite an MCCH as follows:
Medical Fee Dispute: MCCH will be expedited only if the requester is the injured employee.
Medical Necessity Dispute: MCCH will be expedited regardless of requester type.
What is the deadline for filing the DWC Form-049?
Medical Fee Dispute: You must submit the form to the TDI-DWC no later than the 20
th
day after the
conclusion of the Benefit Review Conference.
Medical Necessity Dispute: You must submit the form to the TDI-DWC no later than the 20
th
day
after the date the Independent Review Organization (IRO) decision is sent to the appealing party.
Where do I send the DWC Form-049?
The completed form, including a copy of the IRO decision (if applicable), must be faxed to (512) 804-4011 or
mailed to the address shown below.
Texas Department of Insurance
Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100 • MS-35
Austin, TX 78744-1645
Is any of the requested information optional?
No, provide all requested information. An MCCH will only be scheduled if the form is complete. An incomplete
form may delay resolution of your dispute.
Am I required to attend the MCCH?
If you do not attend, the MCCH may be held without you. Failure to attend an MCCH could result in a
recommendation of a penalty or fine unless you can show good cause for your absence. An injured employee
should attend any proceeding related to a dispute about his or her claim, even if the injured employee did not
request the proceeding.
Who do I contact if I have questions about requesting an MCCH?
Contact the TDI-DWC by calling (512) 804-4010 or 1-800-252-7031. An injured employee who is not
represented by an attorney may also receive assistance by calling the Office of Injured Employee Counsel
(OIEC) at 1-866-393-6432.

Form Specifications

Fact Name Fact Description
Purpose The DWC049 form is used to request a Medical Contested Case Hearing (MCCH) regarding medical disputes in Texas workers' compensation cases.
Governing Laws This form is governed by the Texas Labor Code, particularly sections related to workers' compensation and medical disputes.
Types of Appeals It allows for appeals against decisions made by an Independent Review Organization (IRO) or disputes over medical fees to the State Office of Administrative Hearings (SOAH).
Submission Deadline The form must be submitted within 20 days after the Benefit Review Conference or the IRO decision date, depending on the type of dispute.
First Responder Considerations If the injured employee is a first responder, the TDI-DWC may expedite the MCCH under certain conditions.
Required Information All sections of the DWC049 form must be completed. Incomplete forms may delay the hearing process.
Submission Methods The completed form can be faxed or mailed to the Texas Department of Insurance, Division of Workers' Compensation.
Attendance Requirement Attendance at the MCCH is generally required. Failing to attend could result in penalties unless a valid reason is provided.

Texas Dwc049: Usage Guidelines

Completing the Texas DWC049 form is an important step in requesting a Medical Contested Case Hearing (MCCH). This form must be filled out carefully and submitted to ensure that your request is processed correctly. Below are the steps to help guide you through the completion of the form.

  1. Begin by locating the form and ensure you have a black ink pen or a printer available.
  2. In the first section, check the appropriate box to indicate the type of medical contested case hearing you are requesting. Choose between an appeal of an Independent Review Organization (IRO) decision or a Medical Fee Dispute Decision.
  3. If you are requesting expedited services, check the box and specify the reason. Note that certain claims involving first responders may have different requirements.
  4. Fill in the injured employee's information, including their name, date of injury, physical address, insurance carrier's name, and employer's business name and address.
  5. In the requester information section, check the appropriate box to indicate who is making the request (e.g., injured employee, health care provider, etc.).
  6. Answer the question regarding whether the injured employee is a first responder who sustained a serious bodily injury. If yes, note the relevant details for expedited processing.
  7. If the injured employee is making the request, indicate whether they are assisted by the Office of Injured Employee Counsel (OIEC).
  8. Provide the requester's mailing address, printed name and title, phone number, and signature. Ensure that the date of signature is also included.
  9. Review the entire form for completeness. Ensure that all required fields are filled out accurately.
  10. Once completed, submit the form by faxing it to (512) 804-4011 or mailing it to the Texas Department of Insurance, Division of Workers’ Compensation at the provided address.

After submitting the form, you can expect to receive further communication regarding the scheduling of your hearing. It is essential to keep a copy of the completed form and any attachments for your records. If you have any questions during this process, do not hesitate to reach out to the appropriate contact numbers provided by the Texas Department of Insurance.

Your Questions, Answered

What is the Texas DWC049 form used for?

The Texas DWC049 form is a request to schedule a Medical Contested Case Hearing (MCCH). This form is primarily used by injured employees, healthcare providers, or other interested parties to appeal decisions regarding medical necessity or medical fee disputes. By filling out this form, you can formally request a hearing to resolve these issues with the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) or the State Office of Administrative Hearings (SOAH).

What types of hearings can I request using the DWC049 form?

You can request two types of hearings with the DWC049 form: an appeal of an Independent Review Organization (IRO) medical necessity decision or an appeal of a medical fee dispute decision. If you are appealing a medical necessity decision, you must attach a copy of the IRO decision. For a medical fee dispute, you will need to provide the date when the Benefit Review Conference ended. Be aware that if you are appealing to SOAH and do not prevail, you may be responsible for reimbursing the costs incurred by TDI-DWC.

Where will the MCCH be held?

The location of the MCCH depends on the type of dispute. For medical fee disputes, the hearing will be scheduled at the State Office of Administrative Hearings (SOAH) in Travis County. For medical necessity disputes, the TDI-DWC will schedule the hearing at a location within 75 miles of the injured employee's residence at the time of injury, unless there is a valid reason for a different location. You can also request a telephone conference for the hearing.

What should I do if I need special accommodations for the hearing?

If you require special accommodations, you can indicate this on the DWC049 form. The TDI-DWC or SOAH will provide reasonable accommodations as required by the Americans with Disabilities Act (ADA). The Administrative Law Judge has the discretion to approve other accommodations as well. Make sure to specify your needs clearly on the form to ensure they are met.

What happens if I do not attend the MCCH?

If you do not attend the MCCH, the hearing may still proceed without you. This could lead to a recommendation for a penalty or fine unless you can demonstrate a good reason for your absence. It is crucial for injured employees to attend any hearing related to their claim, even if they did not initiate the request for the hearing.

Who can I contact for help with the DWC049 form?

If you have questions or need assistance with the DWC049 form, you can contact the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) at (512) 804-4010 or 1-800-252-7031. Additionally, if you are an injured employee without legal representation, you can reach out to the Office of Injured Employee Counsel (OIEC) at 1-866-393-6432 for further support.

Common mistakes

  1. Incomplete Information: Failing to fill out all required fields can lead to delays or rejection of the request.

  2. Incorrect Dates: Entering the wrong date for the injury or the Benefit Review Conference can result in procedural issues.

  3. Missing Attachments: Not including necessary documents, such as the IRO decision for appeals, can hinder the process.

  4. Improper Signatures: Omitting the requester's signature or failing to sign in the correct section may invalidate the form.

  5. Incorrect Box Selection: Choosing the wrong type of hearing or services requested can lead to confusion and delays.

  6. Failure to Check First Responder Status: Not indicating if the injured employee is a first responder can affect the expedited hearing process.

  7. Neglecting Contact Information: Providing an incorrect phone number or mailing address can prevent important communications from reaching the requester.

  8. Ignoring Deadlines: Submitting the form after the specified deadline can result in the request being denied.

  9. Assuming Optional Fields: Believing that some information is optional when it is actually required can lead to an incomplete submission.

Documents used along the form

The Texas DWC049 form is a crucial document for scheduling a Medical Contested Case Hearing (MCCH). However, it often accompanies several other forms and documents that help streamline the process and ensure all necessary information is collected. Below is a list of these related documents, each serving a specific purpose in the context of workers' compensation claims in Texas.

  • DWC Form-001: This form is the Employee's Claim for Compensation for a Work-Related Injury. It initiates the claim process and provides essential details about the injured employee and the incident.
  • DWC Form-032: This is the Notice of Injury or Illness form, which must be submitted by the employer to notify the Division of Workers' Compensation about the work-related injury. It helps in tracking the case and ensuring compliance with reporting requirements.
  • DWC Form-041: Known as the Employee's Request to Change Treating Doctor, this form allows the injured employee to request a change in their medical provider. It is essential for ensuring that the employee receives appropriate medical care.
  • DWC Form-045: This form is the Medical Fee Dispute form. It is used to contest the fees charged for medical services related to a workers' compensation claim. This document is crucial for resolving payment disputes.
  • DWC Form-053: This is the Request for a Benefit Review Conference (BRC) form. It is used to initiate a conference aimed at resolving disputes before they escalate to a contested case hearing.
  • DWC Form-034: This form is the Notice of Benefit Review Conference. It informs all parties involved about the scheduled conference, including date, time, and location, ensuring everyone is prepared for the meeting.
  • DWC Form-005: The Report of Injury form is submitted by the employer and includes details about the injury, the employee, and the circumstances surrounding the incident. This document is vital for establishing the context of the claim.
  • SOAH Form-101: This is the Notice of Hearing from the State Office of Administrative Hearings. It serves as an official notification of the hearing date and time, ensuring that all parties are aware of the proceedings.

These documents, when used in conjunction with the Texas DWC049 form, help create a comprehensive framework for addressing workers' compensation claims. Each form plays a pivotal role in ensuring that the rights of the injured employee are protected while facilitating a fair resolution to disputes. Understanding these forms can significantly enhance the efficiency of the claims process.

Similar forms

  • DWC Form-042: This form is used to request a Benefit Review Conference (BRC) for disputes related to workers' compensation claims. Like the DWC049, it initiates a formal process to resolve issues, but focuses on preliminary discussions rather than medical contested case hearings.
  • DWC Form-045: This document is for requesting a hearing for a dispute regarding the insurance carrier's denial of medical treatment. Similar to the DWC049, it addresses disputes over medical necessity but is specifically for treatment denials rather than broader issues.
  • DWC Form-046: This form is used to appeal a decision made during a Benefit Review Conference. It shares a purpose with the DWC049 in that both forms are part of the appeals process, but the DWC046 is focused on outcomes from the BRC rather than scheduling hearings.
  • DWC Form-048: This document is for filing a notice of injury or claim. Like the DWC049, it is essential for processing workers' compensation claims, but it serves as an initial notification rather than a request for a hearing.
  • DWC Form-050: This form is used to report a change in the injured employee's status or to update contact information. While it is not a hearing request, it is crucial for maintaining accurate records, similar to how the DWC049 ensures correct information is submitted for hearings.
  • DWC Form-051: This form is for a request to modify an existing order. Similar to the DWC049, it is used in the context of ongoing disputes but focuses on changes to previous decisions rather than initiating a new hearing.
  • DWC Form-052: This document is used for requesting a reconsideration of a previous decision by the Division of Workers’ Compensation. Both forms are part of the dispute resolution process, but the DWC052 is specifically for reconsideration rather than a hearing request.
  • DWC Form-053: This form is used to appeal a medical fee dispute decision. Like the DWC049, it involves disputes over medical services, but it is specifically focused on the costs rather than the necessity of the services.

Dos and Don'ts

When filling out the Texas DWC049 form, it is crucial to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and should not do while completing this form.

  • Do check the appropriate box to indicate the type of medical contested case hearing you are requesting.
  • Do provide complete and accurate information about the injured employee, including their name and date of injury.
  • Do attach any required documents, such as a copy of the IRO decision, if applicable.
  • Do use black ink when filling out the form to ensure legibility.
  • Do double-check all information before submitting to avoid delays.
  • Don't leave any required fields blank; an incomplete form may delay your case.
  • Don't forget to sign and date the form; an unsigned form will not be processed.
  • Don't submit the form after the deadline; ensure it is sent within the specified time frame.
  • Don't assume that the TDI-DWC will contact you for missing information; it is your responsibility to provide everything needed.

Misconceptions

  • Misconception 1: The DWC049 form is only for medical necessity disputes.
  • This form can be used for both medical necessity disputes and medical fee disputes. It's important to check the appropriate box to specify the type of hearing you are requesting.

  • Misconception 2: You can submit the DWC049 form at any time.
  • There are strict deadlines for submitting the form. For medical fee disputes, it must be submitted within 20 days after the Benefit Review Conference. For medical necessity disputes, the deadline is 20 days after receiving the IRO decision.

  • Misconception 3: You do not need to attend the MCCH if you submit the form.
  • Your attendance at the MCCH is crucial. If you fail to attend, the hearing may proceed without you, and this could lead to penalties unless you provide a valid reason for your absence.

  • Misconception 4: Incomplete forms will still be processed.
  • All requested information must be provided for the form to be considered complete. An incomplete submission can delay the resolution of your dispute.

  • Misconception 5: The location of the MCCH is fixed and cannot be changed.
  • While the TDI-DWC schedules the hearing, you can request a different location. However, you must provide a valid reason for the change, and the TDI-DWC will determine if it is appropriate.

  • Misconception 6: The MCCH can only be held in person.
  • Injured employees may request that the MCCH be conducted via telephone conference, which can provide greater flexibility in attending the hearing.

  • Misconception 7: All disputes are treated the same under the DWC049 form.
  • Different types of disputes may have varying requirements and processes. For instance, expedited hearings are available under specific circumstances, particularly for first responders.

  • Misconception 8: You do not need to provide a copy of the IRO decision if you are appealing a medical necessity decision.
  • It is essential to attach a copy of the IRO decision when appealing a medical necessity decision. This documentation is necessary for the TDI-DWC to process your request.

Key takeaways

  • Fill out the Texas DWC049 form completely. All requested information is necessary for scheduling a Medical Contested Case Hearing (MCCH). Incomplete forms may delay your case.

  • Indicate the type of hearing you are requesting clearly. You can appeal either a Medical Necessity Decision or a Medical Fee Dispute Decision. Attach any required documentation, such as the IRO decision.

  • Be aware of deadlines. For Medical Fee Disputes, submit the form within 20 days after the Benefit Review Conference ends. For Medical Necessity Disputes, submit it within 20 days after receiving the IRO decision.

  • Understand the implications of your request. If you are a first responder, certain expedited processes may apply. However, ensure you check the appropriate boxes on the form to indicate your status.