81R27622 KCR-D
  By: Giddings H.B. No. 2547
  Substitute the following for H.B. No. 2547:
  By:  Quintanilla C.S.H.B. No. 2547
  relating to the use of a description of employment in determining
  the safety and appropriateness of a return to employment by an
  injured employee.
         SECTION 1.  Subchapter B, Chapter 408, Labor Code, is
  amended by adding Section 408.0221 to read as follows:
         Sec. 408.0221.  REQUEST FOR DESCRIPTION OF EMPLOYMENT. (a)  
  This section applies only to an employee of an employer who has 10
  or more employees.
         (b)  To facilitate an injured employee's return to
  employment as soon as it is considered safe and appropriate by the
  injured employee's treating doctor, the treating doctor may request
  that the injured employee's employer provide the treating doctor
  with the information described by Subsection (d) on the form
  adopted under that subsection.
         (c)  Information provided to a treating doctor under
  Subsection (b) does not constitute:
               (1)  a request by the employer that the injured
  employee return to the employment;
               (2)  an offer of employment by the employer for the
  injured employee to return to employment; or
               (3)  an admission of the compensability of the injury
  of the employee.
         (d)  The commissioner shall by rule adopt a standardized form
  through which an employer may provide information to a treating
  doctor concerning an injured employee. The form must:
               (1)  if possible, be no longer than one page in length
  and be compatible with electronic mail; and
               (2)  include:
                     (A)  the name and address of the employer and, if
  applicable, the contact information and availability of the
  individual representing the employer who has knowledge of the
  injured employee's job;
                     (B)  an area for additional comments or
  information if needed by the employer or individual representing
  the employer concerning the injured employee's job;
                     (C)  to the extent practicable, a check box format
  that indicates work activities that were required of the injured
  employee before the employee sustained the injury;
                     (D)  a description of the scope of the injured
  employee's employment; and
                     (E)  any other information the commissioner
  determines to be necessary to advance communication between the
  injured employee's employer and treating doctor.
         (e)  In adopting the form under Subsection (d), the
  commission shall involve interested parties in the rulemaking
  process and afford those parties an opportunity to comment on the
  form proposed for adoption.
         SECTION 2.  The change in law made by this Act applies only
  to a claim for workers' compensation benefits based on a
  compensable injury that occurs on or after the effective date of
  this Act. A claim based on a compensable injury that occurs before
  the effective date of this Act is governed by the law in effect on
  the date the compensable injury occurred, and the former law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.