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A BILL TO BE ENTITLED
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AN ACT
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relating to failure to submit to an examination by a designated |
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doctor under the workers' compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.0041, Labor Code, is amended by |
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amending Subsections (f) and (j) and adding Subsection (j-1) to |
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read as follows: |
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(f) Unless otherwise ordered by the commissioner, the |
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insurance carrier shall pay benefits based on the opinion of the |
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designated doctor during the pendency of any dispute. If the report |
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of a designated doctor indicates that the injured employee has |
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reached maximum medical improvement or is otherwise able to return |
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to work immediately, the insurance carrier may suspend or reduce |
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the payment of temporary income benefits. If an insurance carrier |
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is not satisfied with the opinion rendered by a designated doctor |
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under this section, the insurance carrier may request the |
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commissioner to order an employee to attend an examination by a |
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doctor selected by the insurance carrier. |
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(j) An [employee is not entitled to temporary income
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benefits, and an] insurance carrier is authorized to suspend the |
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payment of [temporary] income benefits[,] during and for a period |
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in which the employee fails to submit without good cause to an |
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examination required by Subsection (a) or (f) [unless the
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commissioner determines that the employee had good cause for the
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failure to submit to the examination.
The commissioner may order
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temporary income benefits to be paid for the period for which the
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commissioner determined that the employee had good cause]. The |
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commissioner by rule shall ensure that: |
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(1) an employee receives reasonable notice of an |
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examination and the insurance carrier's basis for suspension; and |
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(2) the employee is provided a reasonable opportunity |
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to reschedule an examination for good cause. |
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(j-1) If an employee attends a rescheduled examination |
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under Subsection (j)(2), the commissioner shall order income |
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benefits to be paid after the examination if the employee is |
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otherwise entitled to income benefits under this subchapter. |
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Income benefits under this subsection shall be paid retroactive to: |
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(1) the date of suspension of the benefits, if the |
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employee had good cause for the failure to submit to the examination |
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described by Subsection (j); or |
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(2) the earlier of: |
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(A) the seventh day after the date of the |
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suspension of the benefits; or |
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(B) the date on which the rescheduled examination |
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occurs. |
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SECTION 2. Section 408.0041(k), Labor Code, is repealed. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |