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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE BILL 2199  

HOUSE AUTHOR: Solomons

EFFECTIVE: 9-1-03         

SENATE SPONSOR: Fraser

House Bill 2199 amends the Labor Code to establish that an insurance carrier that fails to meet the deadline for initiating compensation or filing a notice of refusal in a workers' compensation case does not waive the right to contest the compensability of the injury, but commits an administrative violation. The bill extends the deadline for initiating compensation or filing a notice of refusal from seven to 15 days after the date on which an insurance carrier receives written notice of an injury. It establishes that an insurance carrier is not required to meet the deadline if the carrier has accepted the claim as a compensable injury and income or death benefits have not yet accrued but will be paid by the insurance carrier when the benefits accrue and are due. It also establishes a range of administrative penalties for not complying with the deadline, depending on when the carrier finally initiates compensation or files a notice of refusal. The bill specifies when a self-insurer is considered to have received notice for purposes of complying with the deadline.