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.