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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE BILL 145    

HOUSE AUTHOR: Solomons

EFFECTIVE: 9-1-03           

SENATE SPONSOR: Fraser

            House Bill 145 amends the Labor Code to authorize the Texas Workers' Compensation Commission to bring suit in Travis County to enforce an interlocutory order, final order, or commission decision and to provide that the commission is entitled to reasonable attorney's fees and costs for the prosecution and collection of the claim. The bill also provides that a claimant who brings suit to enforce an interlocutory order, final order, or commission decision is entitled to a certain penalty, interest, and reasonable attorney's fees in addition to a judgment enforcing the order or decision. The bill clarifies provisions that establish an offense for the failure or refusal to comply with a commission order by specifying that those provisions apply to both an interlocutory order and a final order. The bill requires a party seeking judicial review to provide written notice of the suit or notice of appeal to the commission, instead of filing a copy of the petition with the commission, and it prohibits a party from seeking judicial review unless written notice has been provided to the commission. The bill clarifies that court approval of a settlement or a judgment does not constitute a modification or reversal of any court decision awarding benefits for the purpose of reimbursing an insurance carrier for overpayment of benefits made under an interlocutory order or decision.