Filing PLN Notices with the Division
Earlier this year the Division modified its plain language notices to show all text in 12-point font or larger. The instructions were also changed to reflect recent DWC rule changes that require all PLNs sent by insurance carriers be in plain language and in no less than 12-point font as required by Rule 124.2(s).
The new font size requirement applies to all PLNs sent on or after April 1, 2020. The updated PLNs can be found on the DWC website at https://www.tdi.texas.gov/forms/form20plain.html.
We have recently noticed that, from time to time, carriers will attempt to file PLNs with the Agency when they are not required to be filed. The Division recently began refusing to file those notices. To avoid this problem, please remember that there are only four PLNs that should be filed with the Division:
PLN-1: Notice of Denial of Compensability/Liability and Refusal to Pay Benefits (Rev. 02/20);
PLN-4: Notice of Eligibility for Lifetime Income Benefits (Rev. 02/20) (File only when denying an application for LIBs);
PLN-11: Notice of Disputed Issue(s) and Refusal to Pay Benefits (Rev. 02/20); and
PLN-14: Notice of Continuing Investigation (Rev. 02/20).
Each of these notices should also be delivered to the injured worker and the workers’ representative at the time of the filing. All other PLN notices should only be delivered to the injured worker and the workers’ representative.
Service on the claimant should be by fax or email if the claimant has provided you with that information. In this connection, Rule 124.2(q) specifically states: “Notifications to the claimant and the claimant’s representative shall be filed by facsimile or electronic transmission unless the recipient does not have the means to receive such a transmission in which case the notifications shall be personally delivered or sent by mail.” (emphasis added)
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