80R8495 KSD-D
 
  By: Janek S.B. No. 1169
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement of an insurance carrier for the
overpayment of certain workers' compensation benefits.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 408.0041, Labor Code, is amended by
adding Subsection (f-1) to read as follows:
       (f-1)  The subsequent injury fund shall reimburse an
insurance carrier for any overpayment of benefits made by the
insurance carrier under Subsection (f) based on an opinion rendered
by a designated doctor if that opinion is reversed or modified by a
final arbitration award or a final order or decision of the
commissioner or a court. The commissioner shall adopt rules to
provide for a periodic reimbursement schedule, providing
reimbursement at least annually.
       SECTION 2.  Section 408.0041(f-1), Labor Code, as added by
this Act, applies only to a final arbitration award or a final order
or decision of the commissioner of workers' compensation or a court
rendered on or after the effective date of this Act. A final
arbitration award, order, or decision rendered before the effective
date of this Act is governed by the law in effect on the date the
award, order, or decision was rendered, and the former law is
continued in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.