By: Barrientos S.B. No. 1884
97S0400/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the time limit for certain employees to dispute a
1-2 determination of the degree and extent of impairment caused by
1-3 certain injuries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 408.125, Labor Code, is amended to read
1-6 as follows:
1-7 Sec. 408.125. Dispute as to Impairment Rating. (a) The
1-8 employee shall have one year from the date of the assignment of any
1-9 impairment rating to dispute such rating. Upon a showing of good
1-10 cause, this one-year period shall be extended.
1-11 (b) If an impairment rating is disputed, the commission
1-12 shall direct the employee to be examined by a designated doctor
1-13 chosen by mutual agreement of the parties.
1-14 (c) [(b)] If the parties are unable to agree on a designated
1-15 doctor, the commission shall direct the employee to be examined by
1-16 a designated doctor chosen by the commission.
1-17 (d) [(c)] The designated doctor shall report in writing to
1-18 the commission.
1-19 (e) [(d)] If the designated doctor is chosen by the parties,
1-20 the commission shall adopt the impairment rating made by the
1-21 designated doctor.
1-22 (f) [(e)] If the designated doctor is chosen by the
1-23 commission, the report of the designated doctor shall have
2-1 presumptive weight, and the commission shall base the impairment
2-2 rating on that report unless the great weight of the other medical
2-3 evidence is to the contrary. If the great weight of the medical
2-4 evidence contradicts the impairment rating contained in the report
2-5 of the designated doctor chosen by the commission, the commission
2-6 shall adopt the impairment rating of one of the other doctors.
2-7 (g) [(f)] To avoid undue influence on a person selected as a
2-8 designated doctor under this section, only the injured employee or
2-9 an appropriate member of the staff of the commission may
2-10 communicate with the designated doctor about the case regarding the
2-11 injured employee's medical condition or history before the
2-12 examination of the injured employee by the designated doctor.
2-13 After that examination is completed, communication with the
2-14 designated doctor regarding the injured employee's medical
2-15 condition or history may be made only through appropriate
2-16 commission staff members. The designated doctor may initiate
2-17 communication with any doctor who has previously treated or
2-18 examined the injured employee for the work-related injury.
2-19 (h) [(g)] A violation of Subsection (g) [(f)] is a Class C
2-20 administrative violation.
2-21 SECTION 2. This Act takes effect September 1, 1997.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.