By George H.B. No. 3212
77R5893 KSD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to workers' compensation dispute resolution.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 410.208, Labor Code, is amended to read as
1-5 follows:
1-6 Sec. 410.208. JUDICIAL ENFORCEMENT OF ORDER OR DECISION;
1-7 ADMINISTRATIVE VIOLATION. (a) If a person refuses or fails to
1-8 comply with an interlocutory order, final order, or decision of the
1-9 commission, the commission may bring suit in Travis County to
1-10 enforce the order or decision.
1-11 (b) If an insurance carrier refuses or fails to comply with
1-12 an interlocutory order, [a] final order, or decision of the
1-13 commission, the claimant may bring suit in the county of the
1-14 claimant's residence or the county in which the injury occurred to
1-15 enforce the order or decision [award as a final and binding order
1-16 of the commission].
1-17 (c) If the commission brings suit to enforce an
1-18 interlocutory order, final order, or decision of the commission,
1-19 the commission is entitled to reasonable attorney's fees and costs
1-20 for the prosecution and collection of the claim, in addition to a
1-21 judgment enforcing the order or decision and any other remedy
1-22 provided by law.
1-23 (d) A [(b) In addition to a judgment enforcing the order,
1-24 the] claimant who brings suit to enforce an interlocutory order,
2-1 final order, or decision of the commission is entitled to a penalty
2-2 equal to 12 percent of the amount of benefits recovered in the
2-3 judgment, [and] interest, and [with] reasonable attorney's fees for
2-4 the prosecution and collection of the claim, in addition to a
2-5 judgment enforcing the order or decision and any other remedy
2-6 provided by law.
2-7 (e) [(c)] A person commits a violation if the person fails
2-8 or refuses to comply with an interlocutory order, final order, or
2-9 decision of the commission [a commission order or decision] within
2-10 20 days after the date the order or decision becomes final. A
2-11 violation under this subsection is a Class A administrative
2-12 violation.
2-13 SECTION 2. Section 410.253, Labor Code, is amended to read as
2-14 follows:
2-15 Sec. 410.253. SERVICE. (a) A party seeking judicial review
2-16 shall simultaneously:
2-17 (1) file a [A] copy of the party's petition [shall be
2-18 simultaneously filed] with the court;
2-19 (2) serve [and the commission and served on] any
2-20 opposing party to the suit; and
2-21 (3) provide written notice of the suit or notice of
2-22 appeal to the commission.
2-23 (b) A party may not seek judicial review under Section
2-24 410.251 unless the party has provided written notice of the suit to
2-25 the commission as required by this section.
2-26 SECTION 3. Section 410.256(f), Labor Code, is amended to read
2-27 as follows:
3-1 (f) Settlement of a claim or issue under this section does
3-2 not constitute a modification or reversal of the [appeals panel]
3-3 decision awarding benefits for the purpose of Section 410.209
3-4 [410.205].
3-5 SECTION 4. Section 410.257(e), Labor Code, is amended to read
3-6 as follows:
3-7 (e) A judgment under this section based on default or on an
3-8 agreement of the parties does not constitute a modification or
3-9 reversal of a [an appeals panel] decision awarding benefits for the
3-10 purpose of Section 410.209 [410.205].
3-11 SECTION 5. (a) This Act takes effect September 1, 2001.
3-12 (b) The change in law made by this Act applies only to a
3-13 workers' compensation proceeding initiated on or after the
3-14 effective date of this Act. A proceeding initiated before the
3-15 effective date of this Act is governed by the law in effect on the
3-16 date the proceeding was initiated, and the former law is continued
3-17 in effect for that purpose.