Bill Text: TX SB511 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the designated doctor's examination under the workers' compensation system.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2011-04-26 - Referred to State Affairs [SB511 Detail]
Download: Texas-2011-SB511-Comm_Sub.html
Bill Title: Relating to the designated doctor's examination under the workers' compensation system.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2011-04-26 - Referred to State Affairs [SB511 Detail]
Download: Texas-2011-SB511-Comm_Sub.html
| By: Van de Putte | S.B. No. 511 | |
| (In the Senate - Filed February 2, 2011; February 17, 2011, | ||
| read first time and referred to Committee on State Affairs; | ||
| April 13, 2011, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 8, Nays 1; April 13, 2011, | ||
| sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 511 | By: Van de Putte | |
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| relating to the designated doctor's examination under the workers' | ||
| compensation system. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 408.0041, Labor Code, is amended by | ||
| adding Subsections (f-2), (f-3), and (f-4) and amending Subsection | ||
| (h) to read as follows: | ||
| (f-2) An employee required to be examined by a designated | ||
| doctor may request a medical examination to determine maximum | ||
| medical improvement and the employee's impairment rating from the | ||
| treating doctor or from another doctor to whom the employee is | ||
| referred by the treating doctor if: | ||
| (1) the designated doctor's opinion is the employee's | ||
| first evaluation of maximum medical improvement and impairment | ||
| rating; and | ||
| (2) the employee is not satisfied with the designated | ||
| doctor's opinion. | ||
| (f-3) The commissioner shall provide the insurance carrier | ||
| and the employee with reasonable time to obtain and present the | ||
| opinion of a doctor selected under Subsection (f) or (f-2) before | ||
| the commissioner makes a decision on the merits of the issue. | ||
| (f-4) The commissioner by rule shall adopt guidelines | ||
| prescribing the circumstances under which an examination by the | ||
| employee's treating doctor or another doctor to whom the employee | ||
| is referred by the treating doctor to determine any issue under | ||
| Subsection (a), other than an examination under Subsection (f-2), | ||
| may be appropriate. | ||
| (h) The insurance carrier shall pay for: | ||
| (1) an examination required under Subsection (a), [ |
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| (f), or (f-2), unless otherwise prohibited by this subtitle or by an | ||
| order or rule of the commissioner; and | ||
| (2) the reasonable expenses incident to the employee | ||
| in submitting to the examination. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
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