By: Zedler H.B. No. 2630
A BILL TO BE ENTITLED
AN ACT
relating to waiver of an insurer's right to contest compensability
of certain workers' compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 409.021, Labor code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) After the expiration of the 60-day period under
Subsection (c), if the insurance carrier receives written notice of
a new manifestation of the original injury, an additional injury,
or an additional diagnosis and does not contest the compensability
of that injury or diagnosis on or before the 60th day after the date
on which it receives the notice described by this subsection, the
insurance carrier waives its right to contest the extent or
compensability of the new manifestation of the original injury,
additional injury, or diagnosis. This subsection may not be
construed as limiting an insurance carrier's ability to reopen the
issue of compensability under Subsection (d) based on newly
discovered evidence.
SECTION 2. Section 409.021(f), Labor Code, as added by
Chapter 939 (S.B. 1282), Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
SECTION 3. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
that date is governed by the law in effect on the date that the
compensable injury occurred, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.