82R5490 JSC-F
By: Van de Putte S.B. No. 511
A BILL TO BE ENTITLED
AN ACT
relating to the designated doctor's examination under the workers'
compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.0041, Labor Code, is amended by
adding Subsections (f-2) and (f-3) and amending Subsection (h) to
read as follows:
(f-2) An employee required to be examined by a designated
doctor may request a medical examination from the treating doctor
or from another doctor to whom the employee is referred by the
treating doctor to determine any issue a designated doctor may
review under this section if:
(1) the designated doctor's opinion is the employee's
first medical examination to resolve an issue under Subsection (a);
and
(2) the employee is not satisfied with the designated
doctor's opinion.
(f-3) The commissioner shall provide the insurance carrier
and the employee with reasonable time to obtain and present the
opinion of a doctor selected under Subsection (f) or (f-2) before
the commissioner makes a decision on the merits of the issue.
(h) The insurance carrier shall pay for:
(1) an examination required under Subsection (a), [or]
(f), or (f-2); and
(2) the reasonable expenses incident to the employee
in submitting to the examination.
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.