By Giddings                                           H.B. No. 2512
         76R6795 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to interlocutory orders and decisions used in adjudication
 1-3     of disputes regarding workers' compensation benefits and to
 1-4     reimbursement from the subsequent injury fund for overpayments of
 1-5     benefits made under those interlocutory orders or decisions.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 402.073(b), Labor Code, is amended to
 1-8     read as follows:
 1-9           (b)  In a case in which a hearing is conducted by the State
1-10     Office of Administrative Hearings under Section 411.049, 413.031,
1-11     413.055, or 415.034, the administrative law judge who conducts the
1-12     hearing for the State Office of Administrative Hearings shall enter
1-13     the final decision in the case after completion of the hearing.
1-14           SECTION 2.  Section 410.032, Labor Code, is amended to read
1-15     as follows:
1-16           Sec. 410.032.  PAYMENT OF BENEFITS UNDER INTERLOCUTORY
1-17     ORDER[; REIMBURSEMENT].  [(a)]  If a benefit review officer
1-18     recommends that benefits be paid or not paid, the benefit review
1-19     officer may issue an interlocutory order for the payment of all or
1-20     part of medical benefits or  income benefits. The order may address
1-21     accrued benefits, future benefits, or both accrued benefits and
1-22     future benefits [to pay or not pay the benefits].
1-23           [(b)  The subsequent injury fund shall reimburse an insurance
1-24     carrier for any overpayments of benefits made under an order
 2-1     entered under this section if that order is reversed or modified at
 2-2     a contested case hearing or at arbitration.  The commission shall
 2-3     adopt rules to provide for a periodic reimbursement schedule,
 2-4     providing for reimbursement at least annually.]
 2-5           SECTION 3.  Section 410.168, Labor Code, is amended to read
 2-6     as follows:
 2-7           Sec. 410.168.  DECISION.  (a)  The hearing officer shall
 2-8     issue a written decision that includes:
 2-9                 (1)  findings of fact and conclusions of law;
2-10                 (2)  a determination of whether benefits are due; and
2-11                 (3)  an award of benefits due.
2-12           (b)  The decision may address accrued benefits, future
2-13     benefits, or both accrued benefits and future benefits.
2-14           (c)  The hearing officer may enter an interlocutory order for
2-15     the payment of all or part of medical benefits or income benefits.
2-16     The order may address accrued benefits, future benefits, or both
2-17     accrued benefits and future benefits.  The order is binding until
2-18     the hearing officer issues the written decision required under
2-19     Subsection (a).
2-20           (d)  On a form that the commission by rule prescribes, the
2-21     hearing officer shall issue a separate written decision regarding
2-22     attorney's fees and any matter related to attorney's fees.  The
2-23     decision regarding attorney's fees and the form may not be made
2-24     known to a jury in a judicial review of an award, including an
2-25     appeal.
2-26           (e) [(c)]  The commission by rule shall prescribe the times
2-27     within which the hearing officer must file the decisions with the
 3-1     division.
 3-2           (f) [(d)]  The division shall send a copy of the decision to
 3-3     each party.
 3-4           SECTION 4.  Section 410.205, Labor Code, is amended to read
 3-5     as follows:
 3-6           Sec. 410.205.  EFFECT OF DECISION[; REIMBURSEMENT FOR
 3-7     OVERPAYMENT].  (a)  A decision of an appeals panel regarding
 3-8     benefits is final in the absence of a timely appeal for judicial
 3-9     review.
3-10           (b)  The decision of the appeals panel regarding benefits is
3-11     binding during the pendency of an appeal under Subchapter F or G.
3-12           [(c)  If the court of last resort in the case finally
3-13     modifies or reverses an appeals panel decision awarding benefits,
3-14     the insurance carrier who has paid benefits as required by this
3-15     section may recover reimbursement of any benefit overpayments from
3-16     the subsequent injury fund.]
3-17           SECTION 5.  Subchapter E, Chapter 410, Labor Code, is amended
3-18     by adding Section 410.209 to read as follows:
3-19           Sec. 410.209.  REIMBURSEMENT FOR OVERPAYMENT.  The subsequent
3-20     injury fund shall reimburse an insurance carrier for any
3-21     overpayments of benefits made under an interlocutory order or
3-22     decision if that order or decision is reversed or modified by final
3-23     arbitration, order, or decision of the commission or a court.  The
3-24     commission shall adopt rules to provide for a periodic
3-25     reimbursement schedule, providing for reimbursement at least
3-26     annually.
3-27           SECTION 6.   Subchapter E, Chapter 413, Labor Code, is
 4-1     amended by adding Section  413.055 to read as follows:
 4-2           Sec. 413.055.  INTERLOCUTORY ORDERS; REIMBURSEMENT.  (a)  The
 4-3     executive director, as provided by commission rule, may enter an
 4-4     interlocutory order for the payment of all or part of medical
 4-5     benefits. The order may address accrued benefits, future benefits,
 4-6     or both accrued benefits and future benefits.
 4-7           (b)  The subsequent injury fund shall reimburse an insurance
 4-8     carrier for any overpayments of benefits made under an order
 4-9     entered under Subsection (a)  if the order is reversed or modified
4-10     by final arbitration, order, or decision of the commission or a
4-11     court.  The commission shall adopt rules to provide for a periodic
4-12     reimbursement schedule, providing for reimbursement at least
4-13     annually.
4-14           (c)  A party that disputes an order entered under Subsection
4-15     (a)  is entitled to a hearing.  The hearing shall be conducted by
4-16     the State Office of Administrative Hearings in the manner provided
4-17     for a contested case under Chapter 2001, Government Code.  The
4-18     order is binding during the pendency of the appeal.
4-19           SECTION 7.  This Act takes effect September 1, 1999, and
4-20     applies only to an interlocutory order or decision regarding a
4-21     claim for workers' compensation benefits that is issued on or after
4-22     that date.  An interlocutory order or decision issued before that
4-23     date is governed by the law in effect on the date that the
4-24     interlocutory order or decision was issued, and the former law is
4-25     continued in effect for that purpose.
4-26           SECTION 8.  The importance of this legislation and the
4-27     crowded condition of the calendars in both houses create an
 5-1     emergency and an imperative public necessity that the
 5-2     constitutional rule requiring bills to be read on three several
 5-3     days in each house be suspended, and this rule is hereby suspended.