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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 75 |
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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 injured employee's employer |
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shall provide the treating doctor, on request, with a specific |
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description of: |
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(1) the scope of the injured employee's employment; |
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and |
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(2) any specific tasks the injured employee was |
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required to perform or specific duties the injured employee was |
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required to fulfill in the course of the injured employee's |
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employment before the employee sustained the compensable injury. |
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(c) A description 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; or |
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(2) an offer of employment by the employer for the |
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injured employee to return to employment. |
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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. |