81R17152 ALB-F
By: Elkins H.B. No. 4372
Substitute the following for H.B. No. 4372:
By: Giddings C.S.H.B. No. 4372
A BILL TO BE ENTITLED
AN ACT
relating to the resolution of overpayment or underpayment of income
benefits under the workers' compensation program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.081(a), Labor Code, is amended to
read as follows:
(a) An employee is entitled to timely and accurate income
benefits as provided in this chapter.
SECTION 2. Subchapter E, Chapter 408, Labor Code, is
amended by adding Section 408.0815 to read as follows:
Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF
INCOME BENEFITS. (a) The commissioner by rule shall establish a
procedure to require:
(1) an overpayment of income benefits to be recouped
from future income benefit payments; and
(2) an underpayment of income benefits to be paid in a
future income benefit payment.
(b) The procedure under Subsection (a) must include the
following requirements:
(1) a process by which an injured worker may notify the
carrier of an underpayment;
(2) the time frame and methodology by which a carrier
shall pay to an injured worker an underpayment through a future
income benefit payment;
(3) a process by which a carrier shall notify an
injured worker of an overpayment of income benefits; and
(4) the time frame and methodology by which a carrier
may recoup the overpayment through the reduction of a future income
benefit payment.
SECTION 3. The commissioner of workers' compensation shall
adopt rules to implement Section 408.0815, Labor Code, as added by
this Act, not later than January 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.