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A BILL TO BE ENTITLED
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AN ACT
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relating to income benefits in 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 408.081, Labor Code, is amended by |
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amending subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) An employee is entitled to timely and accurate income |
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benefits as provided by this chapter. |
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(e) Except as otherwise provided over and under payments of |
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income benefits shall be resolved through future income benefits. |
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The commissioner by rule shall establish requirements for the |
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resolution of over and under payments of income benefits. |
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Resolution requirements must include: |
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(1) procedures by which an injured worker can notify |
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the carrier of an underpayment; |
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(2) the timeframe and methodology by which a carrier |
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shall settle the underpayment through a future payment; |
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(3) procedures by which a carrier can notify the |
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injured worker of an overpayment; |
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(4) the timeframe and methodology by which a carrier |
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shall recoup the overpayment through a future payment. |
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SECTION 2. The commissioner of workers' compensation shall |
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adopt rules to implement the changes in Section 408.081, Labor |
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Code, as amended by this Act, on or before Jan. 1, 2010. The changes |
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in law made to Section 408.081, Labor Code, are effective on the |
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date provided by commissioner rule. |
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SECTION 3. Except as otherwise provided for in this Act, |
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this Act takes effect September 1, 2009. |