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A BILL TO BE ENTITLED
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AN ACT
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relating to transition-to-work benefits under the workers' |
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compensation system for certain employees who have incurred a |
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compensable injury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 408, Labor Code, is amended by adding |
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Subchapter M to read as follows: |
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SUBCHAPTER M. TRANSITION-TO-WORK BENEFITS |
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Sec. 408.301. TRANSITION-TO-WORK BENEFITS. |
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Notwithstanding any other provision of this subtitle or other law, |
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the insurance carrier of an employer who elects to obtain workers' |
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compensation insurance coverage shall pay transition-to-work |
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income benefits in accordance with this subchapter. |
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Sec. 408.302. AWARD OF TRANSITION-TO-WORK BENEFITS; |
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APPLICATION; ORDER. (a) The commissioner may award |
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transition-to-work income benefits to an employee who: |
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(1) has exhausted eligibility for supplemental income |
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benefits under Subchapter H; and |
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(2) complies with the requirements of this subchapter. |
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(b) An applicant for benefits under this subchapter must |
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apply for the benefits in the manner prescribed by the division. |
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(c) After review of an application for benefits under this |
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section, the commissioner shall issue an order requiring payment of |
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the benefits to an employee determined to be eligible under this |
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subchapter. |
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Sec. 408.303. WORK SEARCH COMPLIANCE STANDARDS. The |
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commissioner by rule shall adopt compliance standards for |
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transition-to-work income benefit recipients that require each |
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recipient to demonstrate an active effort to obtain employment. |
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The commissioner shall set the compliance standards by rule. |
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Compliance standards under this section must be at least as |
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stringent as the standards adopted under Section 408.1415. |
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Sec. 408.304. ENTITLEMENT TO TRANSITION-TO-WORK INCOME |
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BENEFITS; PAYMENT BY INSURANCE CARRIER. (a) An employee is |
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entitled to transition-to-work income benefits only if the |
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employee: |
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(1) has received supplemental income benefits; |
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(2) ceases to be eligible for those benefits or for |
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reinitiation of those benefits under Section 408.146; |
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(3) has an impairment rating of 15 percent or more as |
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determined by this subtitle from the compensable injury; |
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(4) has not returned to work or has returned to work |
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earning less than 80 percent of the employee's average weekly wage |
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as a direct result of the employee's impairment; |
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(5) has not elected to commute a portion of the |
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impairment income benefit under Section 408.128; and |
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(6) has complied with the requirements adopted under |
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Section 408.303. |
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(b) An insurance carrier shall pay transition-to-work |
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income benefits beginning not later than the seventh day after the |
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date of the commissioner's order under Section 408.302, and shall |
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continue to pay the benefits in a timely manner. Benefits under |
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this subchapter are: |
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(1) computed in the manner prescribed by Section |
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408.144(b) for supplemental income benefits; and |
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(2) computed quarterly and paid monthly. |
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Sec. 408.305. TERMINATION OF BENEFITS. Eligibility for |
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benefits under this subchapter terminates on a determination by the |
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commissioner that the benefit recipient no longer meets the |
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requirements prescribed under Section 408.304(a). |
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Sec. 408.306. CONTEST OF BENEFITS BY INSURANCE CARRIER; |
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ATTORNEY'S FEES. (a) An insurance carrier may request a benefit |
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review conference to contest an employee's entitlement to |
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transition-to-work income benefits or the amount of |
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transition-to-work income benefits. |
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(b) If an insurance carrier fails to make a request for a |
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benefit review conference not later than the 10th day after the date |
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of the commissioner's order under Section 408.302(c), the insurance |
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carrier waives the right to contest entitlement to |
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transition-to-work income benefits and the amount of |
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transition-to-work income benefits. |
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(c) If an insurance carrier disputes the commissioner's |
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order determining that an employee is entitled to |
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transition-to-work income benefits or the amount of |
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transition-to-work income benefits due and the employee prevails on |
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any disputed issue, the insurance carrier is liable for reasonable |
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and necessary attorney's fees incurred by the employee as a result |
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of the insurance carrier's dispute and for transition-to-work |
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income benefits accrued but not paid and interest on that amount, |
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according to Section 408.064. Attorney's fees awarded under this |
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subsection are not subject to Sections 408.221(b), (f), and (i). |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law in effect on the date that the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |