SRC-JXG H.B. 3497 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3497
By: Dunnam (Moncrief)
Economic Development
5/13/1999
Engrossed


DIGEST 

The Labor Code provides a formal dispute resolution process to resolve
benefit-related disagreements between injured employees and their
employer's workers' compensation insurance carrier.  A contested case
hearing is a part of that process.  The hearing is conducted by an employee
of the Texas Workers' Compensation Commission (TWCC).  During the contested
case hearing, each party presents its side of the dispute and may question
witnesses and introduce evidence to support its case.  If either party
disagrees with the hearing officer's decision, the decision may be appealed
to TWCC's appeals panel within 15 days after the decision of the hearing
officer is handed down.  The respondent is then required to file a written
response with the appeals panel within 15 days after the copy of the
request for appeal is served and serve a copy of the response on the
appellant on the same day the respondent files the response.  H.B. 3497
would specify Saturdays, Sundays, and state recognized national, state, and
optional holidays not included in a computation of the respective 15-day
period during which an appellant's request for an appeal of a hearing
officer's decision or a respondent's written response to the appeals panel
must be filed. 

PURPOSE

As proposed, H.B. 3497 sets forth provisions regarding certain requirements
for the appeal of a hearing officer's decision in a workers' compensation
proceeding. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Workers' Compensation
Commission in SECTION 1 (Section 410.202(e), Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 410.202, Labor Code, by adding Subsections (d)
and (e), as follows: 

(d) Provides that Saturdays, Sundays, and holidays listed in Section
662.003, Government Code, are not included in a computation of the time in
which a request for an appeal under Subsection (a) or a response under
Subsection (b) must be filed.  

(e) Authorizes the Texas Workers' Compensation Commission, by rule, to
provide for the extension of the time for filing a request for an appeal
under Subsection (a) or a response under Subsection (b) if good cause is
shown by the party seeking the extension. 

SECTION 2. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.