83R2408 JSC-D
By: Van de Putte S.B. No. 1492
A BILL TO BE ENTITLED
AN ACT
relating to the dispute by an insurer of a determination of specific
injuries and diagnoses in connection with a compensable injury in
certain workers' compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.0042, Labor Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) After the medical examination is performed, the
treating doctor shall submit to the insurance carrier a report that
details all injuries and diagnoses related to the compensable
injury, on receipt of which the insurance carrier shall:
(1) accept all injuries and diagnoses as related to
the compensable injury; or
(2) dispute the determination of specific injuries and
diagnoses by requesting:
(A) an examination by a designated doctor under
Section 408.0041; or
(B) a benefit review conference under Section
410.023.
(c-1) If an insurance carrier does not dispute the
determination of specific injuries and diagnoses detailed in the
report submitted by the treating doctor under Subsection (c) on or
before the 90th day after the date the report is provided to the
insurance carrier, the insurance carrier waives its right to
dispute the determination, unless there is a finding of evidence
that could not reasonably have been discovered earlier.
SECTION 2. The change in law made by this Act applies only
to a medical examination by a treating doctor that occurs on or
after the effective date of this Act. A medical examination that
occurs before that date is governed by the law as it existed
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.