HBA-ATS C.S.H.B. 1826 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1826
By: Hochberg
Business & Industry
4/8/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Under the Texas Workers' Compensation Act (Act), an employee injured at
work may be entitled to receive lifetime medical coverage, temporary
benefits replacing a substantial part of lost wages during convalescence,
impairment benefits, and long-term wage replacement if the employee
suffers moderately severe impairments.  For permanent injuries, income
benefits are allocated using the following two-step formula.  First,
impairment benefits are awarded in direct proportion to the extent of
impairment, without regard to the actual wage loss.  Second, supplemental
income benefits are awarded based on wage loss, if the extent of impairment
equals or exceeds 15 percent.  To keep receiving supplemental benefits, an
injured employee must file a statement quarterly with the employee's
insurance carrier specifying that the employee has earned less than 80
percent of the employee's average weekly wage as a direct result of the
employee's impairment, and that the employee has in good faith sought
employment commensurate with the employee's ability to work. 
Failure to file a statement relieves the insurance carrier of liability for
supplemental income benefits for the period during which a statement is not
filed. 

In addition to the requirements found in the Labor Code, some insurance
carriers require an injured employee to undergo a medical examination each
time the employee files the statement, even when the employee's condition
is not likely to have improved since the last examination.  C.S.H.B. 1826
prohibits an insurance carrier from requiring an employee who has received
benefits for two years to submit to a medical examination more than
annually if the injured employee's condition has not improved during the
preceding year.  Under this bill, if a dispute exists as to whether the
employee's medical condition has improved,  the Texas Workers' Compensation
Commission is required to direct the employee to be examined by a
designated doctor chosen by the commission.  The doctor must report to the
commission, which is required to base its determination of the dispute on
the doctor's report unless the great weight of the other medical evidence
is to the contrary. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter H, Chapter 408, Labor Code, by adding Section
408.151, as follows: 

Sec. 408.151.  MEDICAL EXAMINATIONS FOR SUPPLEMENTAL INCOME BENEFITS.  (a)
Prohibits an insurance carrier,  on or after the second anniversary of the
date the commission initially awards benefits, from requiring an employee
who is receiving benefits to submit to a medical examination more than
annually if the injured employee's condition has not improved during the
preceding year. 

(b) Requires the Texas Workers' Compensation Commission (commission), if a
dispute exists as to whether the employee's medical condition has improved,
to direct the employee to be examined by a designated doctor (doctor)
chosen by the commission. Requires the doctor to report to the commission.
Provides that the report has presumptive weight and requires the commission
to base its determination of the dispute on that report unless the great
weight of the other medical evidence is to the contrary. 
 
(c) Authorizes the commission to require an employee to whom Subsection (a)
applies to submit to a medical examination under Section 408.004 (Required
Medical Examinations; Administrative Violation) only to determine whether
the employee's medical condition is a direct result of impairment from a
compensable injury.  

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1826 modifies the original bill by deleting SECTION 1 of the
original bill, which provided an exception to the general rule that an
injured employee must file a statement quarterly with the employee's
insurance carrier after the Texas Workers' Compensation Commission
initially awards supplemental income benefits.  The deleted exception
authorizes an injured employee who has received supplemental income
benefits for two years to file a statement annually, rather than quarterly,
if the injured employee's condition has not improved during the last year
of the two-year period. 

C.S.H.B. 1826 modifies the original bill by redesignating SECTION 2 of the
original bill to SECTION 1 and deleting proposed Subsection (b) in SECTION
2 of the original bill, which would have excluded a medical examination
required by the commission under Section 408.004 from the application of
proposed Section 408.151.  In new Subsection (b), the substitute also
modifies the original bill by requiring the Texas Workers' Compensation
Commission, if a dispute exists as to whether the employee's medical
condition has improved, to direct the employee to be examined by a
designated doctor chosen by the commission.  The substitute requires the
doctor to report to the commission.  The substitute provides that the
report has presumptive weight and requires the commission to base its
determination of the dispute on that report unless the great weight of the
other medical evidence is to the contrary. 

The substitute also adds Subsection (c) to proposed Section 408.151, to
authorize the commission to require an injured employee who has received
benefits for two years and whose condition has not improved during the
preceding year to submit to a medical examination under Section 408.004
(Required Medical Examinations; Administrative Violation) only to determine
whether the employee's medical condition is a direct result of impairment
from a compensable injury. 

SECTIONS 3 (effective date) and 4 (emergency clause) of the original bill
are redesignated as SECTIONS 2 and 3 of the substitute.  The substitute
deletes the provision in SECTION 3 of the original bill that would have
made the application of the Act prospective.