Texas House Bill HB3821

Texas 2009 - 81st Regular

Caption

Relating to waiver of an insurer's right to contest compensability of certain workers' compensation claims.

Impact

This amendment is designed to provide clearer guidelines for both insurance carriers and injured workers regarding the time limits for contesting claims. It aims to streamline the claims process and ensure that workers are not left in uncertainty regarding their compensability after the initial notice of injury. By enforcing stricter timelines, HB3821 intends to potentially reduce the number of disputes and promote quicker resolutions for injured workers.

Summary

House Bill 3821 amends the Texas Labor Code to change the conditions under which an insurance carrier can contest the compensability of certain workers' compensation claims. The bill targets situations where an insurer is notified of new manifestations of an original injury or additional injuries and establishes a 60-day period after which the insurer must act. If the insurer fails to contest the claim within this timeframe, it waives its right to do so subsequently.

Contention

Notably, the bill may generate discussion among various stakeholders in the workers' compensation system. Supporters may argue that this creates more accountability for insurance carriers, ensuring that they must act promptly upon receiving new information related to claims. Meanwhile, there could be concerns from insurers about the implications of waiving their rights and the potential for increased claims costs. Balancing the rights of workers while maintaining fair practices for insurance providers remains a point of contention.