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.