By Dukes                                              H.B. No. 2449
         77R4489 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the certification of maximum medical improvement and
 1-3     the assignment of impairment ratings in workers' compensation
 1-4     cases.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter G, Chapter 408, Labor Code, is amended
 1-7     by adding Section 408.1245 to read as follows:
 1-8           Sec. 408.1245.  NOTICE OF EMPLOYEE'S RIGHT TO CONTEST MAXIMUM
 1-9     MEDICAL IMPROVEMENT OR IMPAIRMENT RATING. On receipt of written
1-10     notice from a doctor certifying that an employee has reached
1-11     maximum medical improvement and assigning an impairment rating to
1-12     the employee, the commission shall provide to the employee, as soon
1-13     as practicable, clear and unambiguous written notice of the
1-14     employee's right:
1-15                 (1)  to contest the certification of maximum medical
1-16     improvement or the impairment rating, or both; and
1-17                 (2)  to legal representation.
1-18           SECTION 2. Subchapter G, Chapter 408, Labor Code, is amended
1-19     by adding Section 408.1255 to read as follows:
1-20           Sec. 408.1255.  REEVALUATION OF MAXIMUM MEDICAL IMPROVEMENT
1-21     OR IMPAIRMENT RATING. The commission shall reevaluate a
1-22     certification of maximum medical improvement or an impairment
1-23     rating made final by the commission on receipt of notice from the
1-24     employee that the employee has experienced a substantial change in
 2-1     condition since the date the certification or impairment rating was
 2-2     made final.
 2-3           SECTION 3.  Section 408.122(c), Labor Code, is repealed.
 2-4           SECTION 4. This Act takes effect September 1, 2001, and
 2-5     applies only to a claim for workers' compensation benefits based on
 2-6     a compensable injury that occurs on or after that date.  A claim
 2-7     based on a compensable injury that occurs before the effective date
 2-8     of this Act is governed by the law in effect on the date the
 2-9     compensable injury occurred, and the former law is continued in
2-10     effect for that purpose.