SRC-TBR S.B. 942 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 942
77R7563 PB-DBy: Van de Putte
Business & Commerce
4/18/2001
As Filed


DIGEST AND PURPOSE 

S.B. 942 relieves an injured worker of liability of overpayment from
workers compensation.  Under this bill, a carrier is to obtain
reimbursement from the subsequent injury fund and is not permitted to
pursue a cause of action against an injured worker to recover the
overpayment. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Workers'
Compensation Commission in SECTION 1 (Section 410.209 Labor Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 410.209, Labor Code, as follows:

(b)  Provides that an insurance carrier that receives reimbursement under
Subsection (a) does not have a cause of action against the injured employee
for any further recovery regarding the overpayment. 

(c)  Requires the commission to adopt rules as necessary to implement this
section, including rules to provide for a periodic reimbursement schedule,
providing for reimbursement at least annually. 

SECTION 2.  Amends Section 413.055, Labor Code, as follows:

Sec. 413.055.  INTERLOCUTORY ORDERS; REIMBURSEMENT.  (a)  Provides that a
party, that disputes an order entered under this subsection is entitled to
a hearing conducted by the State Office of Administrative Hearings in the
manner provided for a contested case under Chapter 2001, Government Code.
Provides that the order is binding during the pendency of the appeal. 

(c)  Provides that an insurance carrier that receives reimbursement under
Subsection (b) does not have a cause of action against the injured employee
for any further recovery regarding overpayment.  Deletes language regarding
entitlement to a hearing. 

SECTION 3.  Effective date: September 1, 2001.
    Makes application of this Act prospective.