Texas 2009 - 81st Regular

Texas House Bill HB4371 Compare Versions

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Old	New	Differences
1	1	81R27190 ALB-D
2	2	By: Elkins H.B. No. 4371
3	3	Substitute the following for H.B. No. 4371:
4	4	By: Christian C.S.H.B. No. 4371
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to failure to submit to an examination by a designated
10	10	doctor under the workers' compensation system.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 408.0041, Labor Code, is amended by
13	13	amending Subsections (f) and (j) and adding Subsection (j-1) to
14	14	read as follows:
15	15	(f) Unless otherwise ordered by the commissioner, the
16	16	insurance carrier shall pay benefits based on the opinion of the
17	17	designated doctor during the pendency of any dispute. If the report
18	18	of a designated doctor indicates that the injured employee has
19	19	reached maximum medical improvement or is otherwise able to return
20	20	to work immediately, the insurance carrier may suspend or reduce
21	21	the payment of temporary income benefits. If an insurance carrier
22	22	is not satisfied with the opinion rendered by a designated doctor
23	23	under this section, the insurance carrier may request the
24	24	commissioner to order an employee to attend an examination by a
25	25	doctor selected by the insurance carrier.
26	26	(j) An [employee is not entitled to temporary income
27	27	benefits, and an] insurance carrier is authorized to suspend the
28	28	payment of [temporary] income benefits[,] during and for a period
29	29	in which the employee fails to submit without good cause to an
30	30	examination required by Subsection (a) or (f) [unless the
31	31	commissioner determines that the employee had good cause for the
32	32	failure to submit to the examination. The commissioner may order
33	33	temporary income benefits to be paid for the period for which the
34	34	commissioner determined that the employee had good cause]. The
35	35	commissioner by rule shall ensure that:
36	36	(1) an employee receives reasonable notice of an
37	37	examination and the insurance carrier's basis for suspension; and
38	38	(2) the employee is provided a reasonable opportunity
39	39	to reschedule an examination for good cause.
40	40	(j-1) If an employee attends a rescheduled examination
41	41	under Subsection (j)(2), the commissioner shall order income
42	42	benefits to be paid after the examination if the employee is
43	43	otherwise entitled to income benefits under this subchapter.
44	44	Income benefits under this subsection shall be paid retroactive to:
45	45	(1) the date of suspension of the benefits, if the
46	46	employee had good cause for the failure to submit to the examination
47	47	described by Subsection (j); or
48	48	(2) the earlier of:
49	49	(A) the seventh day after the date of the
50	50	suspension of the benefits; or
51	51	(B) the date on which the rescheduled examination
52	52	occurs.
53	53	SECTION 2. Section 408.0041(k), Labor Code, is repealed.
54	54	SECTION 3. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2009.