83R2403 KCR-D
By: Raymond H.B. No. 2660
A BILL TO BE ENTITLED
AN ACT
relating to the content of certain expert witness reports exchanged
between or among parties in workers' compensation contested case
hearings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 410.160, Labor Code, is amended to read
as follows:
Sec. 410.160. EXCHANGE OF INFORMATION. (a) Within the time
prescribed by commissioner rule, the parties shall exchange:
(1) all medical reports and reports of expert
witnesses who will be called to testify at the hearing;
(2) all medical records;
(3) any witness statements;
(4) the identity and location of any witness known to
the parties to have knowledge of relevant facts; and
(5) all photographs or other documents that a party
intends to offer into evidence at the hearing.
(b) A report of an expert witness exchanged under Subsection
(a)(1) must include discoverable factual observations and
calculations made, tests conducted, supporting data evaluated,
photographs taken or examined, and opinions formed by the expert.
The report must also include any other basis of the opinions formed
by the expert.
SECTION 2. Section 410.161, Labor Code, is amended to read
as follows:
Sec. 410.161. FAILURE TO DISCLOSE INFORMATION OR EXCHANGE
REPORT. (a) A party who fails to disclose information known to the
party or documents that are in the party's possession, custody, or
control at the time disclosure is required by Sections
410.158-410.160 may not introduce the evidence at any subsequent
proceeding before the division or in court on the claim unless good
cause is shown for not having disclosed the information or
documents under those sections.
(b) A party may not, in a contested case hearing or any
subsequent proceeding before the division or in court on a claim,
call an expert to testify on a matter unless the party exchanged a
report of the expert witness under Section 410.160(b).
SECTION 3. The changes in law made by this Act to Sections
410.160 and 410.161, Labor Code, apply 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 the compensable injury occurred, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.