76R10991 CMR-D
By Hochberg H.B. No. 1826
Substitute the following for H.B. No. 1826:
By Siebert C.S.H.B. No. 1826
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to supplemental income benefits under the workers'
1-3 compensation system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 408, Labor Code, is amended
1-6 by adding Section 408.151 to read as follows:
1-7 Sec. 408.151. MEDICAL EXAMINATIONS FOR SUPPLEMENTAL INCOME
1-8 BENEFITS. (a) On or after the second anniversary of the date the
1-9 commission makes the initial award of supplemental income benefits,
1-10 an insurance carrier may not require an employee who is receiving
1-11 supplemental income benefits to submit to a medical examination
1-12 more than annually if, in the preceding year, the employee's
1-13 medical condition resulting from the compensable injury has not
1-14 improved.
1-15 (b) If a dispute exists as to whether the employee's medical
1-16 condition has improved, the commission shall direct the employee to
1-17 be examined by a designated doctor chosen by the commission. The
1-18 designated doctor shall report to the commission. The report of
1-19 the designated doctor has presumptive weight, and the commission
1-20 shall base its determination of whether the employee's medical
1-21 condition has improved on that report unless the great weight of
1-22 the other medical evidence is to the contrary.
1-23 (c) The commission may require an employee to whom
1-24 Subsection (a) applies to submit to a medical examination under
2-1 Section 408.004 only to determine whether the employee's medical
2-2 condition is a direct result of impairment from a compensable
2-3 injury.
2-4 SECTION 2. This Act takes effect September 1, 1999.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.