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A BILL TO BE ENTITLED
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AN ACT
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relating to the designated doctor's examination under the workers' |
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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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adding Subsections (f-2), (f-3), and (f-4) and amending Subsection |
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(h) to read as follows: |
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(f-2) An employee required to be examined by a designated |
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doctor may request a medical examination to determine maximum |
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medical improvement and the employee's impairment rating from the |
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treating doctor or from another doctor to whom the employee is |
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referred by the treating doctor if: |
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(1) the designated doctor's opinion is the employee's |
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first evaluation of maximum medical improvement and impairment |
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rating; and |
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(2) the employee is not satisfied with the designated |
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doctor's opinion. |
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(f-3) The commissioner shall provide the insurance carrier |
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and the employee with reasonable time to obtain and present the |
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opinion of a doctor selected under Subsection (f) or (f-2) before |
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the commissioner makes a decision on the merits of the issue. |
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(f-4) The commissioner by rule shall adopt guidelines |
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prescribing the circumstances under which an examination by the |
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employee's treating doctor or another doctor to whom the employee |
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is referred by the treating doctor to determine any issue under |
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Subsection (a), other than an examination under Subsection (f-2), |
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may be appropriate. |
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(h) The insurance carrier shall pay for: |
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(1) an examination required under Subsection (a), [or] |
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(f), or (f-2), unless otherwise prohibited by this subtitle or by an |
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order or rule of the commissioner; and |
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(2) the reasonable expenses incident to the employee |
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in submitting to the examination. |
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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, 2011. |