| 1 | 1 | | 81R17152 ALB-F |
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| 2 | 2 | | By: Elkins H.B. No. 4372 |
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| 3 | 3 | | Substitute the following for H.B. No. 4372: |
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| 4 | 4 | | By: Giddings C.S.H.B. No. 4372 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the resolution of overpayment or underpayment of income |
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| 10 | 10 | | benefits under the workers' compensation program. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 408.081(a), Labor Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) An employee is entitled to timely and accurate income |
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| 15 | 15 | | benefits as provided in this chapter. |
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| 16 | 16 | | SECTION 2. Subchapter E, Chapter 408, Labor Code, is |
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| 17 | 17 | | amended by adding Section 408.0815 to read as follows: |
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| 18 | 18 | | Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF |
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| 19 | 19 | | INCOME BENEFITS. (a) The commissioner by rule shall establish a |
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| 20 | 20 | | procedure to require: |
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| 21 | 21 | | (1) an overpayment of income benefits to be recouped |
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| 22 | 22 | | from future income benefit payments; and |
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| 23 | 23 | | (2) an underpayment of income benefits to be paid in a |
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| 24 | 24 | | future income benefit payment. |
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| 25 | 25 | | (b) The procedure under Subsection (a) must include the |
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| 26 | 26 | | following requirements: |
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| 27 | 27 | | (1) a process by which an injured worker may notify the |
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| 28 | 28 | | carrier of an underpayment; |
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| 29 | 29 | | (2) the time frame and methodology by which a carrier |
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| 30 | 30 | | shall pay to an injured worker an underpayment through a future |
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| 31 | 31 | | income benefit payment; |
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| 32 | 32 | | (3) a process by which a carrier shall notify an |
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| 33 | 33 | | injured worker of an overpayment of income benefits; and |
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| 34 | 34 | | (4) the time frame and methodology by which a carrier |
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| 35 | 35 | | may recoup the overpayment through the reduction of a future income |
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| 36 | 36 | | benefit payment. |
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| 37 | 37 | | SECTION 3. The commissioner of workers' compensation shall |
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| 38 | 38 | | adopt rules to implement Section 408.0815, Labor Code, as added by |
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| 39 | 39 | | this Act, not later than January 1, 2010. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2009. |
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