| 1 | 1 | | By: Van de Putte S.B. No. 378 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the designated doctor's examination under the workers' |
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| 7 | 7 | | compensation system. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 408.0041, Labor Code, is amended by |
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| 10 | 10 | | adding Subsections (f-2) and (f-3) and amending Subsection (h) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (f-2) An employee required to be examined by a designated |
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| 13 | 13 | | doctor may request a medical examination from the treating doctor |
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| 14 | 14 | | or from another doctor to whom the employee is referred by the |
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| 15 | 15 | | treating doctor to determine any issue a designated doctor may |
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| 16 | 16 | | review under this section if: |
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| 17 | 17 | | (1) the designated doctor's opinion is the employee's |
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| 18 | 18 | | first medical examination to resolve an issue under Subsection (a); |
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| 19 | 19 | | and |
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| 20 | 20 | | (2) the employee is not satisfied with the designated |
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| 21 | 21 | | doctor's opinion. |
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| 22 | 22 | | (f-3) The commissioner shall provide the insurance carrier |
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| 23 | 23 | | and the employee with reasonable time to obtain and present the |
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| 24 | 24 | | opinion of a doctor selected under Subsection (f) or (f-2) before |
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| 25 | 25 | | the commissioner makes a decision on the merits of the issue. |
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| 26 | 26 | | (h) The insurance carrier shall pay for: |
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| 27 | 27 | | (1) an examination required under Subsection (a), [or] |
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| 28 | 28 | | (f), or (f-2); and |
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| 29 | 29 | | (2) the reasonable expenses incident to the employee |
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| 30 | 30 | | in submitting to the examination. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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