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A BILL TO BE ENTITLED
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AN ACT
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relating to conducting certain contested case hearings under the |
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Texas workers' compensation system by remote communication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 410.005(a), Labor Code, is amended to |
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read as follows: |
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(a) Subject to Section 410.0055, unless [Unless] the |
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division determines that good cause exists for the selection of a |
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different location, a contested case hearing may not be conducted |
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at a site more than 75 miles from the claimant's residence at the |
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time of the injury. |
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SECTION 2. Subchapter A, Chapter 410, Labor Code, is |
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amended by adding Section 410.0055 to read as follows: |
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Sec. 410.0055. CONDUCTING CERTAIN CONTESTED CASE HEARINGS |
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BY REMOTE COMMUNICATION. (a) This section applies only to a |
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contested case hearing in which the insurance carrier is: |
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(1) the State Office of Risk Management; |
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(2) The Texas A&M University System; |
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(3) the Texas Department of Transportation; or |
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(4) The University of Texas System. |
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(b) The division shall conduct a contested case hearing to |
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which this section applies telephonically or by videoconference on |
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a showing by the insurance carrier or the carrier's representative |
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that conducting the hearing in that manner would reduce the costs |
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incurred by this state, including in employee time, resulting from |
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travel to and from the hearing location. |
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SECTION 3. Section 410.0055, Labor Code, as added by this |
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Act, applies to a contested case hearing requested on or after the |
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effective date of this Act. A contested case hearing requested |
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before the effective date of this Act is governed by the law in |
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effect on the date the contested case hearing was requested, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |