By Van de Putte S.B. No. 902
77R7561 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to administrative adjudication by the State Office of
1-3 Administrative Hearings of disputes regarding workers' compensation
1-4 claims.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 402.021(a), Labor Code, is amended to read
1-7 as follows:
1-8 (a) The commission shall have:
1-9 (1) a division of workers' health and safety;
1-10 (2) a division of medical review; and
1-11 (3) a division of compliance and practices[; and]
1-12 [(4) a division of hearings].
1-13 SECTION 2. Section 402.073(a), Labor Code, is amended to read
1-14 as follows:
1-15 (a) The commission and the chief administrative law judge of
1-16 the State Office of Administrative Hearings by rule shall adopt
1-17 memoranda [a memorandum] of understanding governing administrative
1-18 proceedings conducted [procedure law hearings] under this subtitle
1-19 [conducted] by the State Office of Administrative Hearings,
1-20 including memoranda prescribing the payments to the office from the
1-21 commission for services provided to the commission by the office
1-22 under this subtitle [in the manner provided for a contested case
1-23 hearing under Chapter 2001, Government Code (the administrative
1-24 procedure law)].
2-1 SECTION 3. Sections 408.005(d), (e), (f), and (g), Labor
2-2 Code, are amended to read as follows:
2-3 (d) A settlement must be signed by the executive director
2-4 [of the division of hearings] and all parties to the dispute.
2-5 (e) The commission [director of the division of hearings]
2-6 shall approve a settlement if the commission [director] is
2-7 satisfied that:
2-8 (1) the settlement accurately reflects the agreement
2-9 between the parties;
2-10 (2) the settlement reflects adherence to all
2-11 appropriate provisions of law and the policies of the commission;
2-12 and
2-13 (3) under the law and facts, the settlement is in the
2-14 best interest of the claimant.
2-15 (f) A settlement that is not approved or rejected before the
2-16 16th day after the date the settlement is submitted to the
2-17 commission [director of the division of hearings] is considered to
2-18 be approved [by the director] on that date.
2-19 (g) A settlement takes effect on the date it is approved by
2-20 the commission [director of the division of hearings].
2-21 SECTION 4. Section 410.001, Labor Code, is amended to read as
2-22 follows:
2-23 Sec. 410.001. DEFINITION [DEFINITIONS]. In this chapter,
2-24 "office" [:]
2-25 [(1) "Director"] means the State Office of
2-26 Administrative Hearings [director of the division].
2-27 [(2) "Division" means the division of hearings.]
3-1 SECTION 5. Section 410.004, Labor Code, is amended to read as
3-2 follows:
3-3 Sec. 410.004. STATE OFFICE OF ADMINISTRATIVE [DIVISION OF]
3-4 HEARINGS. The office [division] shall conduct benefit review
3-5 conferences, contested case hearings, arbitration, and appeals
3-6 within the commission related to workers' compensation claims.
3-7 SECTION 6. Sections 410.022(b) and (c), Labor Code, are
3-8 amended to read as follows:
3-9 (b) A benefit review officer must:
3-10 (1) be an administrative law judge employed by the
3-11 office [employee of the commission]; and
3-12 (2) be trained in the principles and procedures of
3-13 dispute mediation.
3-14 (c) The office may [commission shall institute and] maintain
3-15 an education and training program for benefit review officers and
3-16 shall consult or contract with the Federal Mediation and
3-17 Conciliation Service or other appropriate organizations for this
3-18 purpose.
3-19 SECTION 7. Section 410.027(a), Labor Code, is amended to read
3-20 as follows:
3-21 (a) The commission, in cooperation with the office, shall
3-22 adopt rules for conducting benefit review conferences.
3-23 SECTION 8. Section 410.029(c), Labor Code, is amended to read
3-24 as follows:
3-25 (c) A settlement takes effect on the date it is approved by
3-26 the commission [director] in accordance with Section 408.005.
3-27 SECTION 9. Sections 410.034(a) and (c), Labor Code, are
4-1 amended to read as follows:
4-2 (a) The benefit review officer shall file the signed
4-3 agreement and the report with the commission [director].
4-4 (c) The commission [director] shall furnish a copy of the
4-5 file-stamped report to:
4-6 (1) the claimant;
4-7 (2) the employer; and
4-8 (3) the insurance carrier.
4-9 SECTION 10. Section 410.102(a), Labor Code, is amended to
4-10 read as follows:
4-11 (a) An arbitrator may not [must] be an employee of the
4-12 commission. An arbitrator must be an employee of the office,
4-13 except that the commission may contract with qualified arbitrators
4-14 on a determination of special need.
4-15 SECTION 11. Section 410.110, Labor Code, is amended to read
4-16 as follows:
4-17 Sec. 410.110. CONTINUANCE. (a) A request by a party for a
4-18 continuance of the arbitration to another date must be directed to
4-19 the commission [director]. The commission [director] may grant a
4-20 continuance only if the commission [director] determines, giving
4-21 due regard to the availability of the arbitrator, that good cause
4-22 for the continuance exists.
4-23 (b) If the commission [director] grants a continuance under
4-24 this section, the rescheduled date may not be later than the 30th
4-25 day after the original date of the arbitration.
4-26 (c) Without regard to whether good cause exists, the
4-27 commission [director] may not grant more than one continuance to
5-1 each party.
5-2 SECTION 12. Section 410.152(b), Labor Code, is amended to
5-3 read as follows:
5-4 (b) A hearing officer must be an administrative law judge
5-5 employed by the office [licensed to practice law in this state].
5-6 SECTION 13. Sections 410.168(e) and (f), Labor Code, are
5-7 amended to read as follows:
5-8 (e) The commission by rule shall prescribe the times within
5-9 which the hearing officer must file the decisions with the
5-10 commission [division].
5-11 (f) The commission [division] shall send a copy of the
5-12 decision to each party.
5-13 SECTION 14. Section 410.201(b), Labor Code, is amended to
5-14 read as follows:
5-15 (b) An appeals judge must be an administrative law judge
5-16 employed by the office [licensed to practice law in this state].
5-17 SECTION 15. Section 410.202(a), Labor Code, is amended to
5-18 read as follows:
5-19 (a) To appeal the decision of a hearing officer, a party
5-20 shall file a written request for appeal with the appeals panel not
5-21 later than the 15th day after the date on which the decision of the
5-22 hearing officer is received from the commission [division] and
5-23 shall on the same date serve a copy of the request for appeal on
5-24 the other party.
5-25 SECTION 16. Section 410.204(a), Labor Code, is amended to
5-26 read as follows:
5-27 (a) An appeals panel shall issue a decision that determines
6-1 each issue on which review was requested. The decision must be in
6-2 writing and shall be issued not later than the 30th day after the
6-3 date on which the written response to the request for appeal is
6-4 filed. The appeals panel shall file a copy of the decision with
6-5 the commission [director].
6-6 SECTION 17. Section 410.252(a), Labor Code, is amended to
6-7 read as follows:
6-8 (a) A party may seek judicial review by filing suit not
6-9 later than the 40th day after the date on which the decision of the
6-10 appeals panel was filed with the commission [division].
6-11 SECTION 18. Subchapter C, Chapter 2003, Government Code, is
6-12 amended by adding Section 2003.0495 to read as follows:
6-13 Sec. 2003.0495. WORKERS' COMPENSATION DIVISION. The office
6-14 may establish a workers' compensation division to perform the
6-15 duties assigned to the office under Subtitle A, Title 5, Labor
6-16 Code.
6-17 SECTION 19. This Act takes effect September 1, 2001, and
6-18 applies only to a claim for workers' compensation benefits based on
6-19 a compensable injury that occurs on or after that date. A claim
6-20 based on a compensable injury that occurs before that date is
6-21 governed by the law in effect on the date that the compensable
6-22 injury occurred, and the former law is continued in effect for that
6-23 purpose.