82R7019 JSC-D
By: Smithee H.B. No. 2088
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. Sections 408.0041(f), (j), and (k), Labor Code,
are amended 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.
(k) If [the report of a designated doctor indicates that] an
employee attends a rescheduled examination under Subsection
(j)(2), the commissioner shall order [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 to be paid after the examination if the employee is
otherwise entitled to income benefits under this chapter. 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 [immediately].
SECTION 2. 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, 2011.