SRC-JEC H.B. 2198 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2198
By: Solomons (Fraser)
State Affairs
5/21/2003
Engrossed


DIGEST AND PURPOSE 

The Texas Workers' Compensation Commission (TWCC), by rule, established a
90-day deadline within which injured workers and insurance carriers must
dispute maximum medical improvement (MMI) and the resulting impairment
rating (IR). On April 12, 2001, the Third District Court of Appeals opined
that TWCC did not have statutory authority to adopt a rule to place a
deadline on disputing MMI or IR.  H.B. 2198 establishes a 90-day deadline
to dispute MMI or an IR unless there is compelling medical evidence
establishing certain facts.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Workers'
Compensation Commission in SECTION 1 (Section 408.123, Labor Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 408.123, Labor Code, by adding Subsections (d),
(e), (f), and (g), as follows: 

(d)  Provides that, except as provided in Subsections (e), (f), and (g),
the first valid certification of maximum medical improvement and the first
valid assignment of impairment rating to an employee are final if the
certification of maximum medical improvement and/or the assigned
impairment rating is not disputed within 90 days after written
notification of the maximum medical improvement and/or assignment of
impairment rating is provided to the claimant and the carrier by
verifiable means. 

(e)  Authorizes the first certification of maximum medical improvement
and/or impairment rating to be disputed after the 90-day period under
certain circumstances. 

(f)  Provides that if an employee has not been certified as having reached
maximum medical improvement before the expiration of 104 weeks from the
date on which income benefits begin to accrue or the expiration of the
date of any extension under Section 408.104, the impairment rating
assigned after the end of the 104 weeks or after the end of the extended
period under Section 408.104 is final if the impairment rating is not
disputed within 90 days after written notification of the maximum medical
improvement and/or assignment of impairment rating is provided to the
claimant and the carrier by verifiable means. 

(g)  Provides that if a disputed certification of maximum medical
improvement or assignment of impairment rating is finally modified,
overturned, or withdrawn, the first subsequent certification and
assignment becomes final if it is not disputed within 90 days after
written notification of maximum medical improvement and/or assignment of
impairment rating is provided to the claimant and the carrier by
verifiable means. 

SECTION 2.  (a)  Makes application of this Act prospective.

 (b)  Effective date:  upon passage or September 1, 2003.