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.