By: Van de Putte S.B. No. 511
(In the Senate - Filed February 2, 2011; February 17, 2011,
read first time and referred to Committee on State Affairs;
April 13, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 1; April 13, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 511 By: Van de Putte
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), (f-3), and (f-4) 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 to determine maximum
medical improvement and the employee's impairment rating from the
treating doctor or from another doctor to whom the employee is
referred by the treating doctor if:
(1) the designated doctor's opinion is the employee's
first evaluation of maximum medical improvement and impairment
rating; 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.
(f-4) The commissioner by rule shall adopt guidelines
prescribing the circumstances under which an examination by the
employee's treating doctor or another doctor to whom the employee
is referred by the treating doctor to determine any issue under
Subsection (a), other than an examination under Subsection (f-2),
may be appropriate.
(h) The insurance carrier shall pay for:
(1) an examination required under Subsection (a), [or]
(f), or (f-2), unless otherwise prohibited by this subtitle or by an
order or rule of the commissioner; 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.
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