Texas House Bill HB698

Texas 2009 - 81st Regular

Caption

Relating to the designated doctor's examination under the workers' compensation system.

Impact

The proposed changes aim to enhance the rights of employees within the workers' compensation framework, ensuring that they have the opportunity for a fair evaluation of their medical condition. By formalizing the process in which employees can challenge designated doctors' opinions, HB698 is positioned to improve the overall accountability and reliability of medical assessments in the workers' compensation system. Additionally, it mandates that insurance carriers cover the costs associated with these examinations, thereby alleviating potential financial burdens on injured workers.

Summary

House Bill 698 addresses the procedures surrounding designated doctor's examinations within Texas's workers' compensation system. The legislation introduces amendments to Section 408.0041 of the Labor Code, allowing employees who are dissatisfied with the designated doctor's assessment of their maximum medical improvement and impairment rating to seek a second opinion. This enables greater flexibility for employees by allowing them to obtain evaluations from their treating doctors or other recommended physicians if they disagree with the initial findings.

Contention

While the bill has garnered some support for aiming to protect employee rights in the workers' compensation context, it may also face opposition from insurance companies and other stakeholders who may argue that the increased possibility of multiple evaluations could lead to higher costs and administrative burdens. Critics may contend that the process could be exploited, leading to delays or complications in resolving workers' compensation claims. Consequently, the balance between employee protections and the operational efficiency of the workers' compensation system is likely to be a key point of contention during discussions around the bill.