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.