By Dukes                                              H.B. No. 1578
         77R5394 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to medical evidence introduced by a workers' compensation
 1-3     claimant in a contested case hearing.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 410.165, Labor Code, is amended by adding
 1-6     Subsection (c) to read as follows:
 1-7           (c)  Notwithstanding Subsection (a), if a claimant introduces
 1-8     medical evidence from a doctor that the claimant sustained an
 1-9     injury and the insurance carrier does not introduce medical
1-10     evidence from a doctor to the contrary, it is presumed that the
1-11     injury exists.  The presumption does not affect the issue of
1-12     whether the injury occurred in the course and scope of employment.
1-13           SECTION 2.  This Act takes effect September 1, 2001, and
1-14     applies only to a contested case hearing conducted by the division
1-15     of hearings of the Texas Workers' Compensation Commission that
1-16     begins on or after the effective date of this Act.  A contested
1-17     case hearing that begins before the effective date of this Act is
1-18     governed by the law in effect on the date the hearing begins, and
1-19     the former law is continued in effect for that purpose.