1-1 By: Hochberg (Senate Sponsor - Duncan) H.B. No. 1826 1-2 (In the Senate - Received from the House May 3, 1999; 1-3 May 4, 1999, read first time and referred to Committee on Economic 1-4 Development; May 14, 1999, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to supplemental income benefits under the workers' 1-9 compensation system. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter H, Chapter 408, Labor Code, is amended 1-12 by adding Section 408.151 to read as follows: 1-13 Sec. 408.151. MEDICAL EXAMINATIONS FOR SUPPLEMENTAL INCOME 1-14 BENEFITS. (a) On or after the second anniversary of the date the 1-15 commission makes the initial award of supplemental income benefits, 1-16 an insurance carrier may not require an employee who is receiving 1-17 supplemental income benefits to submit to a medical examination 1-18 more than annually if, in the preceding year, the employee's 1-19 medical condition resulting from the compensable injury has not 1-20 improved sufficiently to allow the employee to return to work. 1-21 (b) If a dispute exists as to whether the employee's medical 1-22 condition has improved sufficiently to allow the employee to return 1-23 to work, the commission shall direct the employee to be examined by 1-24 a designated doctor chosen by the commission. The designated 1-25 doctor shall report to the commission. The report of the 1-26 designated doctor has presumptive weight, and the commission shall 1-27 base its determination of whether the employee's medical condition 1-28 has improved sufficiently to allow the employee to return to work 1-29 on that report unless the great weight of the other medical 1-30 evidence is to the contrary. 1-31 (c) The commission may require an employee to whom 1-32 Subsection (a) applies to submit to a medical examination under 1-33 Section 408.004 only to determine whether the employee's medical 1-34 condition is a direct result of impairment from a compensable 1-35 injury. 1-36 SECTION 2. This Act takes effect September 1, 1999. 1-37 SECTION 3. The importance of this legislation and the 1-38 crowded condition of the calendars in both houses create an 1-39 emergency and an imperative public necessity that the 1-40 constitutional rule requiring bills to be read on three several 1-41 days in each house be suspended, and this rule is hereby suspended. 1-42 * * * * *