DWC058 - Request for Interlocutory Order
Requesting an Interlocutory Order
An interlocutory order is a temporary order to pay, or stop paying, benefits while a dispute is still being decided. The DWC058 is how one is requested, and it can be used for you or against you.
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What this form is
The DWC058, Written Request for Interlocutory Order, asks the DWC officer handling your dispute to enter a temporary order about benefits before the dispute is finally decided. The word "interlocutory" appears nowhere in plain English on the form, so here is the translation: an interlocutory order is a temporary ruling, entered in the middle of a case, that controls what happens while the fight goes on. In workers' comp, that usually means an order requiring the insurance carrier to start or continue paying benefits now, months before the dispute reaches its end.
Disputes in this system take time. A benefit review conference, a contested case hearing, and an appeal can stretch across many months, and a worker with no checks coming in cannot wait that long. The interlocutory order exists for exactly that situation, and Dispute Resolution explains where it fits in the larger process.
What it can cover
The form covers every benefit type: temporary income benefits, impairment income benefits, supplemental income benefits, death or burial benefits, lifetime income benefits, and medical benefits. The request states the benefit at issue, your average weekly wage (the wage figure your benefits are calculated from), and the duration or amount of benefits requested.
Where the request goes, and how fast it moves
This form is not mailed to DWC generally. It goes to the benefit review officer presiding over the benefit review conference on your claim, the specific DWC officer assigned to your dispute. A request sent to the wrong place protects nothing. Benefit Review Conferences explains who the benefit review officer is and how the conference works.
Once the presiding officer receives the request, the rules move quickly: the officer has up to three days to act on it. Few things in this system happen in three days. If you are waiting on money during a dispute, this is one of the fastest levers available, and many workers never learn it exists.
You must send a copy to the other parties at the same time you file. The form's delivery checkboxes require it, and an order entered without proper service will not stand.
The form works in both directions
Read box 7 of the form and you will find two words side by side: pay and suspend. Carriers use this same form to ask for an order stopping your benefits while a dispute is pending. If a copy of a DWC058 arrives in your mail and you did not file it, it is not routine paperwork. It means the carrier is asking a DWC officer to suspend your checks, and you have an opportunity to respond before the officer acts. Given the three-day timeline, respond immediately: contact the benefit review officer named on the form, in writing, and say why the benefits should continue. A suspension that does go through is the subject of PLN-09, and When Your Comp Checks Stop Coming covers what to do when payments stop for any reason.
Temporary means temporary
An interlocutory order does not decide your dispute. It holds the situation in place, with money flowing or stopped, until the benefit review conference, hearing, or appeal produces a final decision. Winning an interlocutory order is not winning the case, and being on the wrong end of one is not losing it. The final decision can change everything the temporary order set up.
The interlocutory order is one of the least-known tools in Texas workers' comp, and it matters most to the people who know it least: workers going months without checks while a dispute crawls forward. The request has to reach the right officer, say the right things, and survive the carrier's response, and when carriers file their own DWC058 to suspend benefits, workers routinely miss the short window to answer. If you are caught in a long dispute with no money coming in, or the carrier has just moved to suspend your checks, talk with one of our attorneys now, not after the order is signed. The call costs nothing, and three days is not much time.
2 pages · Rev. 09/07