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A BILL TO BE ENTITLED
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AN ACT
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relating to waiver of an insurer's right to contest compensability |
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of certain workers' compensation claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 409.021, Labor Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) After the expiration of the 60-day period under |
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Subsection (c), if the insurance carrier receives written notice of |
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a new manifestation of the original injury, an additional injury, |
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or an additional diagnosis and does not contest the compensability |
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of that injury or diagnosis on or before the 60th day after the date |
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on which it receives the notice described by this subsection, the |
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insurance carrier waives its right to contest compensability of the |
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new manifestation of the original injury, additional injury, or |
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diagnosis. This subsection may not be construed as limiting an |
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insurance carrier's ability to reopen the issue of compensability |
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under Subsection (d) based on newly discovered evidence. |
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SECTION 2. Section 409.021(f), Labor Code, as added by |
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Chapter 939 (S.B. 1282), Acts of the 78th Legislature, Regular |
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Session, 2003, is repealed. |
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SECTION 3. 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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that date is governed by the law in effect on the date that the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |