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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a description of employment in determining |
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the safety and appropriateness of a return to employment by an |
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injured employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 408, Labor Code, is |
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amended by adding Section 408.0221 to read as follows: |
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Sec. 408.0221. REQUEST FOR DESCRIPTION OF EMPLOYMENT. (a) |
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This section applies only to an employee of an employer who has 10 |
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or more employees. |
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(b) To facilitate an injured employee's return to |
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employment as soon as it is considered safe and appropriate by the |
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injured employee's treating doctor, the treating doctor may request |
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that the injured employee's employer provide the treating doctor |
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with the information described by Subsection (d) on the form |
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adopted under that subsection. |
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(c) Information provided to a treating doctor under |
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Subsection (b) does not constitute: |
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(1) a request by the employer that the injured |
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employee return to the employment; |
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(2) an offer of employment by the employer for the |
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injured employee to return to employment; or |
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(3) an admission of the compensability of the injury |
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of the employee. |
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(d) The commissioner shall prescribe a form to provide |
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information from an employer to a treating doctor concerning the |
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functions and physical responsibilities of an injured employee's |
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job. To the extent possible, the form prescribed under this |
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subsection shall be one page, use a check box format as appropriate, |
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and be compatible with electronic mail. The form must include: |
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(1) the name and address of the employer and the |
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contact information and availability of the individual |
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representing the employer who has knowledge of the injured |
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employee's job; |
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(2) the scope of the injured employee's employment, |
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including any specific tasks, job duties, or work activities that |
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the injured employee was required to perform at the time the |
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employee sustained the injury; and |
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(3) an area for additional comments or information by |
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the employer or individual representing the employer concerning: |
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(A) the injured employee's job; or |
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(B) the availability, if any, of other jobs that |
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the employer may have that the employer would like the treating |
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doctor to consider in determining whether an injured employee is |
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able to return to work. |
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(e) The commissioner may adopt rules as necessary to |
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implement this section and to facilitate communication between the |
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employer and the treating doctor regarding return-to-work |
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opportunities. |
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SECTION 2. This Act takes effect September 1, 2009. |