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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 a designated doctor examination. |
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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 Subsection (j) to read as follows: |
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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 in |
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which the employee fails to submit to an examination required by |
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Subsection (a) or (f) unless the commissioner determines that the |
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employee had good cause for the failure to submit to the |
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examination. The commissioner may order [temporary] income |
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benefits to be paid for the period for which the commissioner |
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determined that the employee had good cause. The commissioner by |
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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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SECTION 2. 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. |