Texas 2009 - 81st Regular

Texas House Bill HB4371 Latest Draft

Bill / House Committee Report Version Filed 02/01/2025

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                            81R27190 ALB-D
 By: Elkins H.B. No. 4371
 Substitute the following for H.B. No. 4371:
 By: Christian C.S.H.B. No. 4371


 A BILL TO BE ENTITLED
 AN ACT
 relating to failure to submit to an examination by a designated
 doctor under the workers' compensation system.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1. Section 408.0041, Labor Code, is amended by
 amending Subsections (f) and (j) and adding Subsection (j-1) to
 read as follows:
 (f) Unless otherwise ordered by the commissioner, the
 insurance carrier shall pay benefits based on the opinion of the
 designated doctor during the pendency of any dispute. If the report
 of a designated doctor indicates that the injured employee has
 reached maximum medical improvement or is otherwise able to return
 to work immediately, the insurance carrier may suspend or reduce
 the payment of temporary income benefits. If an insurance carrier
 is not satisfied with the opinion rendered by a designated doctor
 under this section, the insurance carrier may request the
 commissioner to order an employee to attend an examination by a
 doctor selected by the insurance carrier.
 (j) An [employee is not entitled to temporary income
 benefits, and an] insurance carrier is authorized to suspend the
 payment of [temporary] income benefits[,] during and for a period
 in which the employee fails to submit without good cause to an
 examination required by Subsection (a) or (f) [unless the
 commissioner determines that the employee had good cause for the
 failure to submit to the examination.     The commissioner may order
 temporary income benefits to be paid for the period for which the
 commissioner determined that the employee had good cause]. The
 commissioner by rule shall ensure that:
 (1) an employee receives reasonable notice of an
 examination and the insurance carrier's basis for suspension; and
 (2) the employee is provided a reasonable opportunity
 to reschedule an examination for good cause.
 (j-1)  If an employee attends a rescheduled examination
 under Subsection (j)(2), the commissioner shall order income
 benefits to be paid after the examination if the employee is
 otherwise entitled to income benefits under this subchapter.
 Income benefits under this subsection shall be paid retroactive to:
 (1)  the date of suspension of the benefits, if the
 employee had good cause for the failure to submit to the examination
 described by Subsection (j); or
 (2) the earlier of:
 (A)  the seventh day after the date of the
 suspension of the benefits; or
 (B)  the date on which the rescheduled examination
 occurs.
 SECTION 2. Section 408.0041(k), Labor Code, is repealed.
 SECTION 3. This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2009.