| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the resolution of overpayment or underpayment of income |
|
|
benefits under the workers' compensation program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 408.081(a), Labor Code, is amended to |
|
|
read as follows: |
|
|
(a) An employee is entitled to timely and accurate income |
|
|
benefits as provided in this chapter. |
|
|
SECTION 2. Subchapter E, Chapter 408, Labor Code, is |
|
|
amended by adding Section 408.0815 to read as follows: |
|
|
Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF |
|
|
INCOME BENEFITS. (a) The commissioner by rule shall establish a |
|
|
procedure to require: |
|
|
(1) an overpayment of income benefits to be recouped |
|
|
from future income benefit payments; and |
|
|
(2) an underpayment of income benefits to be paid in a |
|
|
future income benefit payment. |
|
|
(b) The procedure under Subsection (a) must include the |
|
|
following requirements: |
|
|
(1) a process by which an injured worker may notify the |
|
|
carrier of an underpayment; |
|
|
(2) the time frame and methodology by which a carrier |
|
|
shall pay to an injured worker an underpayment through a future |
|
|
income benefit payment; |
|
|
(3) a process by which a carrier shall notify an |
|
|
injured worker of an overpayment of income benefits; and |
|
|
(4) the time frame and methodology by which a carrier |
|
|
may recoup the overpayment through the reduction of a future income |
|
|
benefit payment. |
|
|
SECTION 3. The commissioner of workers' compensation shall |
|
|
adopt rules to implement Section 408.0815, Labor Code, as added by |
|
|
this Act, not later than January 1, 2010. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |