|
|
|
|
By: Van de Putte |
S.B. No. 378 |
|
(In the Senate - Filed December 16, 2008; February 17, 2009, |
|
read first time and referred to Committee on State Affairs; |
|
April 7, 2009, reported adversely, with favorable Committee |
|
Substitute by the following vote: Yeas 9, Nays 0; April 7, 2009, |
|
sent to printer.) |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 378 |
By: Van de Putte |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the designated doctor's examination 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 |
|
adding Subsections (f-2) and (f-3) and amending Subsection (h) to |
|
read as follows: |
|
(f-2) An employee required to be examined by a designated |
|
doctor may request a medical examination from the treating doctor |
|
or from another doctor to whom the employee is referred by the |
|
treating doctor to determine any issue a designated doctor may |
|
review under this section if: |
|
(1) the designated doctor's opinion is the employee's |
|
first medical examination to resolve an issue under Subsection (a); |
|
and |
|
(2) the employee is not satisfied with the designated |
|
doctor's opinion. |
|
(f-3) The commissioner shall provide the insurance carrier |
|
and the employee with reasonable time to obtain and present the |
|
opinion of a doctor selected under Subsection (f) or (f-2) before |
|
the commissioner makes a decision on the merits of the issue. |
|
(h) The insurance carrier shall pay for: |
|
(1) an examination required under Subsection (a), [or] |
|
(f), or (f-2); and |
|
(2) the reasonable expenses incident to the employee |
|
in submitting to the examination. |
|
SECTION 2. 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. |
|
|
|
* * * * * |