HBA-TBM H.B. 2449 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2449
By: Dukes
Business & Industry
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, employers are required to inform employees of their
rights under the Texas Workers' Compensation Act.  Despite this requirement
and education initiatives provided by the Texas Workers' Compensation
Commission (TWCC), workers may not understand the workers' compensation
system. Statutes relating to certification of maximum medical improvement
(MMI) and impairment rating (IR) impose an arbitrary finality upon the
compensation process that may have a negative effect on workers who do not
understand the MMI and IR process.  Also, despite the fact that an injured
worker may experience a substantial change in condition after an IR is
assigned, current law does not provide for the alteration of an IR.  House
Bill 2449 requires TWCC to clearly explain an employee's rights regarding
an MMI and IR and to reevaluate an MMI or an IR if the employee reports a
significant medical improvement.   

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. 

ANALYSIS

House Bill 2449 amends the Labor Code to require the Texas Workers'
Compensation Commission (TWCC), on receipt of written notice from a doctor
certifying that an employee has reached maximum medical improvement (MMI)
and assigning an impairment rating (IR) to the employee, to provide to the
employee clear and unambiguous written notice of the employee's right to
legal representation and to contest the certification of MMI or the IR, or
both.  The bill requires TWCC to reevaluate a certification of MMI or an IR
made final by TWCC on receipt of notice from the employee that the employee
has experienced a substantial change in condition since the date the MMI or
IR was made final.  The bill repeals a provision requiring an employee to
be examined by a designated doctor in a dispute involving MMI.   

EFFECTIVE DATE

September 1, 2001.