By Stiles, Brimer H.B. No. 3216
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to representation in certain workers' compensation
1-3 proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 410.006, Labor Code, is amended to read
1-6 as follows:
1-7 Sec. 410.006. REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS;
1-8 MOTIONS FILED WITH APPEALS PANEL. (a) A claimant may be
1-9 represented at a benefit review conference, a contested case
1-10 hearing, or arbitration by an attorney or may be assisted by an
1-11 individual of the claimant's choice who does not work for an
1-12 attorney or receive a fee. An employee of an attorney may
1-13 represent a claimant if that employee:
1-14 (1) is a relative of the claimant; and
1-15 (2) does not receive a fee.
1-16 (b) A claimant may use the services of a person described by
1-17 Subsection (a) to file a request for an appeal or a written
1-18 response to a request for an appeal under Section 410.202.
1-19 (c) An insurance carrier may be represented by any employee
1-20 or by an attorney or adjuster who is not an employee, except that
1-21 an insurance carrier may not be represented by an attorney in a
1-22 proceeding before the commission in which a claimant is a party if
1-23 that claimant is not represented by an attorney.
1-24 (d) Notwithstanding any other provision of this title, an
2-1 employer of a claimant may be represented by a person who is not an
2-2 attorney at any proceeding at which a claimant is entitled to be
2-3 represented under Subsection (a). For purposes of this subsection,
2-4 "employer" includes a person who was the employer of the claimant
2-5 at the time the compensable injury occurred.
2-6 (e) The commission shall adopt rules as necessary to
2-7 implement and enforce this section.
2-8 SECTION 2. This Act takes effect September 1, 1997, and
2-9 applies only to a workers' compensation proceeding regarding a
2-10 claim for benefits that is filed with the Texas Workers'
2-11 Compensation Commission on or after that date. A claim filed
2-12 before that date is governed by the law in effect on the date the
2-13 claim was filed, and the former law is continued in effect for that
2-14 purpose.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.