81R27190 ALB-D
 
  By: Elkins H.B. No. 4371
 
  Substitute the following for H.B. No. 4371:
 
  By:  Christian C.S.H.B. No. 4371
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to failure to submit to an examination by a designated
  doctor under the workers' compensation system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 408.0041, Labor Code, is amended by
  amending Subsections (f) and (j) and adding Subsection (j-1) to
  read as follows:
         (f)  Unless otherwise ordered by the commissioner, the
  insurance carrier shall pay benefits based on the opinion of the
  designated doctor during the pendency of any dispute. If the report
  of a designated doctor indicates that the injured employee has
  reached maximum medical improvement or is otherwise able to return
  to work immediately, the insurance carrier may suspend or reduce
  the payment of temporary income benefits. If an insurance carrier
  is not satisfied with the opinion rendered by a designated doctor
  under this section, the insurance carrier may request the
  commissioner to order an employee to attend an examination by a
  doctor selected by the insurance carrier.
         (j)  An [employee is not entitled to temporary income
  benefits, and an] insurance carrier is authorized to suspend the
  payment of [temporary] income benefits[,] during and for a period
  in which the employee fails to submit without good cause to an
  examination required by Subsection (a) or (f) [unless the
  commissioner determines that the employee had good cause for the
  failure to submit to the examination.     The commissioner may order
  temporary income benefits to be paid for the period for which the
  commissioner determined that the employee had good cause].  The
  commissioner by rule shall ensure that:
               (1)  an employee receives reasonable notice of an
  examination and the insurance carrier's basis for suspension; and
               (2)  the employee is provided a reasonable opportunity
  to reschedule an examination for good cause.
         (j-1)  If an employee attends a rescheduled examination
  under Subsection (j)(2), the commissioner shall order income
  benefits to be paid after the examination if the employee is
  otherwise entitled to income benefits under this subchapter.
  Income benefits under this subsection shall be paid retroactive to:
               (1)  the date of suspension of the benefits, if the
  employee had good cause for the failure to submit to the examination
  described by Subsection (j); or
               (2)  the earlier of:
                     (A)  the seventh day after the date of the
  suspension of the benefits; or
                     (B)  the date on which the rescheduled examination
  occurs.
         SECTION 2.  Section 408.0041(k), Labor Code, is repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.