82R19649 JSC-D
By: Smithee H.B. No. 2088
Substitute the following for H.B. No. 2088:
By: Cook C.S.H.B. No. 2088
A BILL TO BE ENTITLED
AN ACT
relating to suspension of payment of certain income benefits under
the workers' compensation system for failure to submit to a
designated doctor examination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.0041(j), Labor Code, is amended to
read as follows:
(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 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.
SECTION 2. This Act applies to a suspension of payment of
income benefits authorized under Section 408.0041(j), Labor Code,
as amended by this Act, on or after the effective date of this Act.
A suspension of payment of income benefits authorized before the
effective date of this Act is governed by the law in effect at the
time of the suspension of payment of income benefits, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.