By: Elkins H.B. No. 4372
A BILL TO BE ENTITLED
AN ACT
relating to income benefits in the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.081, Labor Code, is amended by
amending subsection (a) and adding Subsection (e) to read as
follows:
(a) An employee is entitled to timely and accurate income
benefits as provided by this chapter.
(e) Except as otherwise provided over and under payments of
income benefits shall be resolved through future income benefits.
The commissioner by rule shall establish requirements for the
resolution of over and under payments of income benefits.
Resolution requirements must include:
(1) procedures by which an injured worker can notify
the carrier of an underpayment;
(2) the timeframe and methodology by which a carrier
shall settle the underpayment through a future payment;
(3) procedures by which a carrier can notify the
injured worker of an overpayment;
(4) the timeframe and methodology by which a carrier
shall recoup the overpayment through a future payment.
SECTION 2. The commissioner of workers' compensation shall
adopt rules to implement the changes in Section 408.081, Labor
Code, as amended by this Act, on or before Jan. 1, 2010. The changes
in law made to Section 408.081, Labor Code, are effective on the
date provided by commissioner rule.
SECTION 3. Except as otherwise provided for in this Act,
this Act takes effect September 1, 2009.