By:  Solomons                                                     H.B. No. 145



A BILL TO BE ENTITLED

AN ACT

relating to workers' compensation dispute resolution.                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 410.208, Labor Code, is amended to read 
as follows:      
	Sec. 410.208.  JUDICIAL ENFORCEMENT OF ORDER OR DECISION; 
ADMINISTRATIVE VIOLATION.  (a)  If a person refuses or fails to 
comply with an interlocutory order, final order, or decision of the 
commission, the commission may bring suit in Travis County to 
enforce the order or decision.
	(b)  If an insurance carrier refuses or fails to comply with 
an interlocutory order, a final order, or a decision of the 
commission, the claimant may bring suit in the county of the 
claimant's residence or the county in which the injury occurred to 
enforce the order or decision [award as a final and binding order of 
the commission].
	(c)  If the commission brings suit to enforce an 
interlocutory order, final order, or decision of the commission, 
the commission is entitled to reasonable attorney's fees and costs 
for the prosecution and collection of the claim, in addition to a 
judgment enforcing the order or decision and any other remedy 
provided by law.
	(d)  A [(b) In addition to a judgment enforcing the order, 
the] claimant who brings suit to enforce an interlocutory order, 
final order, or decision of the commission is entitled to a penalty 
equal to 12 percent of the amount of benefits recovered in the 
judgment, [and] interest, and [with] reasonable attorney's fees for 
the prosecution and collection of the claim, in addition to a 
judgment enforcing the order or decision.
	(e) [(c)]  A person commits a violation if the person fails 
or refuses to comply with an interlocutory order, final order, or 
decision of the commission [a commission order or decision] within 
20 days after the date the order or decision becomes final.  A 
violation under this subsection is a Class A administrative 
violation.
	SECTION 2.  Section 410.253, Labor Code, is amended to read 
as follows:      
	Sec. 410.253.  SERVICE; NOTICE. (a) A party seeking judicial 
review shall simultaneously:
		(1)  file a [A] copy of the party's petition [shall be 
simultaneously filed] with the court;
		(2)  serve [and the commission and served on] any 
opposing party to the suit; and
		(3)  provide written notice of the suit or notice of 
appeal to the commission.
	(b)  A party may not seek judicial review under Section 
410.251 unless the party has provided written notice of the suit to 
the commission as required by this section.
	SECTION 3.  Section 410.256(f), Labor Code, is amended to 
read as follows:   
	(f)  Settlement of a claim or issue under this section does 
not constitute a modification or reversal of the [appeals panel] 
decision awarding benefits for the purpose of Section 410.209
[410.205].
	SECTION 4.  Section 410.257(e), Labor Code, is amended to 
read as follows:   
	(e)  A judgment under this section based on default or on an 
agreement of the parties does not constitute a modification or 
reversal of a [an appeals panel] decision awarding benefits for the 
purpose of Section 410.209 [410.205].
	SECTION 5.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
workers' compensation proceeding initiated on or after the 
effective date of this Act.  A proceeding initiated before the 
effective date of this Act is governed by the law in effect on the 
date the proceeding was initiated, and the former law is continued 
in effect for that purpose.