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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 by rule adopt a standardized form |
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through which an employer may provide information to a treating |
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doctor concerning an injured employee. The form must: |
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(1) if possible, be no longer than one page in length |
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and be compatible with electronic mail; and |
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(2) include: |
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(A) the name and address of the employer and, if |
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applicable, the contact information and availability of the |
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individual representing the employer who has knowledge of the |
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injured employee's job; |
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(B) an area for additional comments or |
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information if needed by the employer or individual representing |
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the employer concerning the injured employee's job; |
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(C) to the extent practicable, a check box format |
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that indicates work activities that were required of the injured |
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employee before the employee sustained the injury; |
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(D) a description of the scope of the injured |
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employee's employment; and |
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(E) any other information the commissioner |
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determines to be necessary to advance communication between the |
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injured employee's employer and treating doctor. |
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(e) In adopting the form under Subsection (d), the |
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commission shall involve interested parties in the rulemaking |
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process and afford those parties an opportunity to comment on the |
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form proposed for adoption. |
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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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the effective date of this Act is governed by the law in effect on |
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the date the compensable injury occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |