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.