Texas Statutes
Labor Code
Title 5 - Workers' Compensation

Section 401.026. Applicability to Certain Emergency Response Personnel - Sec. 401.026. APPLICABILITY TO CERTAIN EMERGENCY RESPONSE PERSONNEL. For purposes...

Chapter 402 - Operation and Administration of Workers' Compensation System

Subchapter A. General Administration of System; Workers' Compensation Division

Section 402.001. Administration of System: Texas Department of Insurance; Workers' Compensation Division - Sec. 402.001. ADMINISTRATION OF SYSTEM: TEXAS DEPARTMENT OF INSURANCE; WORKERS'...

Section 402.00111. Relationship Between Commissioner of Insurance and Commissioner of Workers' Compensation; Separation of Authority; Rulemaking - Sec. 402.00111. RELATIONSHIP BETWEEN COMMISSIONER OF INSURANCE AND COMMISSIONER OF...

Section 402.00112. Investigation of Division - Sec. 402.00112. INVESTIGATION OF DIVISION. The department shall investigate the...

Section 402.00113. Administrative Attachment to Department - Sec. 402.00113. ADMINISTRATIVE ATTACHMENT TO DEPARTMENT. (a) The division of...

Section 402.00114. Duties of Division; Single Point of Contact - Sec. 402.00114. DUTIES OF DIVISION; SINGLE POINT OF CONTACT. (a)...

Section 402.00115. Composition of Division - Sec. 402.00115. COMPOSITION OF DIVISION. The division is composed of...

Section 402.00116. Chief Executive - Sec. 402.00116. CHIEF EXECUTIVE. (a) The commissioner of workers' compensation...

Section 402.00117. Appointment; Term - Sec. 402.00117. APPOINTMENT; TERM. (a) The governor, with the advice...

Section 402.00118. Qualifications - Sec. 402.00118. QUALIFICATIONS. The commissioner must: (1) be a competent...

Section 402.00119. Ineligibility for Public Office - Sec. 402.00119. INELIGIBILITY FOR PUBLIC OFFICE. The commissioner is ineligible...

Section 402.00120. Compensation - Sec. 402.00120. COMPENSATION. The commissioner is entitled to compensation as...

Section 402.00121. Grounds for Removal - Sec. 402.00121. GROUNDS FOR REMOVAL. (a) It is a ground...

Section 402.00122. Prohibited Gifts; Administrative Violation - Sec. 402.00122. PROHIBITED GIFTS; ADMINISTRATIVE VIOLATION. (a) The commissioner or...

Section 402.00123. Civil Liability of Commissioner - Sec. 402.00123. CIVIL LIABILITY OF COMMISSIONER. The commissioner is not...

Section 402.00124. Conflict of Interest - Sec. 402.00124. CONFLICT OF INTEREST. (a) In this section, "Texas...

Section 402.00125. Prohibition on Certain Employment or Representation - Sec. 402.00125. PROHIBITION ON CERTAIN EMPLOYMENT OR REPRESENTATION. (a) A...

Section 402.00126. Lobbying Activities - Sec. 402.00126. LOBBYING ACTIVITIES. A person may not serve as...

Section 402.00127. Training Program for Commissioner - Sec. 402.00127. TRAINING PROGRAM FOR COMMISSIONER. (a) Not later than...

Section 402.00128. General Powers and Duties of Commissioner - Sec. 402.00128. GENERAL POWERS AND DUTIES OF COMMISSIONER. (a) The...

Section 402.002. Administration of System: Office of Injured Employee Counsel - Sec. 402.002. ADMINISTRATION OF SYSTEM: OFFICE OF INJURED EMPLOYEE COUNSEL....

Subchapter B. System Goals; General Administration of System

Section 402.021. Goals; Legislative Intent; General Workers' Compensation Mission of Department - Sec. 402.021. GOALS; LEGISLATIVE INTENT; GENERAL WORKERS' COMPENSATION MISSION OF...

Section 402.0215. Reference to Commission Divisions - Sec. 402.0215. REFERENCE TO COMMISSION DIVISIONS. A reference in this...

Section 402.022. Public Interest Information - Sec. 402.022. PUBLIC INTEREST INFORMATION. (a) The commissioner shall prepare...

Section 402.023. Complaint Information - Sec. 402.023. COMPLAINT INFORMATION. (a) The commissioner shall: (1) adopt...

Section 402.0231. Documentation and Analysis of Complaints - Sec. 402.0231. DOCUMENTATION AND ANALYSIS OF COMPLAINTS. (a) The division...

Section 402.0235. Priorities for Complaint Investigations - Sec. 402.0235. PRIORITIES FOR COMPLAINT INVESTIGATIONS. (a) The division shall...

Section 402.024. Public Participation - Sec. 402.024. PUBLIC PARTICIPATION. (a) The commissioner shall develop and...

Subchapter C. Personnel

Section 402.041. Appointments - Sec. 402.041. APPOINTMENTS. (a) Subject to the General Appropriations Act...

Section 402.042. Division of Responsibilities - Sec. 402.042. DIVISION OF RESPONSIBILITIES. The commissioner shall develop and...

Section 402.043. Career Ladder; Annual Performance Evaluations - Sec. 402.043. CAREER LADDER; ANNUAL PERFORMANCE EVALUATIONS. (a) The commissioner...

Section 402.044. Equal Employment Opportunity Policy Statement - Sec. 402.044. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) The commissioner...

Subchapter D. General Powers and Duties of Division and Commissioner

Section 402.061. Adoption of Rules - Sec. 402.061. ADOPTION OF RULES. The commissioner shall adopt rules...

Section 402.062. Acceptance of Gifts, Grants, and Donations - Sec. 402.062. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS. (a) The...

Section 402.064. Fees - Sec. 402.064. FEES. In addition to fees established by this...

Section 402.065. Employment of Counsel - Sec. 402.065. EMPLOYMENT OF COUNSEL. Notwithstanding Article 1.09-1, Insurance Code,...

Section 402.066. Recommendations to Legislature - Sec. 402.066. RECOMMENDATIONS TO LEGISLATURE. (a) The commissioner shall consider...

Section 402.0665. Legislative Oversight - Sec. 402.0665. LEGISLATIVE OVERSIGHT. The legislature may adopt requirements relating...

Section 402.067. Advisory Committees - Sec. 402.067. ADVISORY COMMITTEES. The commissioner may appoint advisory committees...

Section 402.068. Delegation of Rights and Duties - Sec. 402.068. DELEGATION OF RIGHTS AND DUTIES. Except as expressly...

Section 402.069. Qualifications and Standards of Conduct Information - Sec. 402.069. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The commissioner...

Section 402.071. Representatives - Sec. 402.071. REPRESENTATIVES. (a) The commissioner shall establish qualifications for...

Section 402.073. Cooperation With State Office of Administrative Hearings - Sec. 402.073. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a)...

Section 402.075. Incentives; Performance-Based Oversight - Sec. 402.075. INCENTIVES; PERFORMANCE-BASED OVERSIGHT. (a) The commissioner by rule...

Section 402.076. General Duties; Funding - Sec. 402.076. GENERAL DUTIES; FUNDING. (a) The division shall perform...

Section 402.077. Educational Programs - Sec. 402.077. EDUCATIONAL PROGRAMS. (a) The division shall provide education...

Section 402.078. Regional Offices - Sec. 402.078. REGIONAL OFFICES. The department shall operate regional offices...

Subchapter E. Records and Employee Information

Section 402.081. Division Records - Sec. 402.081. DIVISION RECORDS. (a) The commissioner is the custodian...

Section 402.082. Injury Information Maintained by Division - Sec. 402.082. INJURY INFORMATION MAINTAINED BY DIVISION. (a) The division...

Section 402.083. Confidentiality of Injury Information - Sec. 402.083. CONFIDENTIALITY OF INJURY INFORMATION. (a) Information in or...

Section 402.084. Record Check; Release of Information - Sec. 402.084. RECORD CHECK; RELEASE OF INFORMATION. (a) The division...

Section 402.085. Exceptions to Confidentiality - Sec. 402.085. EXCEPTIONS TO CONFIDENTIALITY. (a) The division shall release...

Section 402.086. Transfer of Confidentiality - Sec. 402.086. TRANSFER OF CONFIDENTIALITY. (a) Information relating to a...

Section 402.087. Information Available to Prospective Employers - Sec. 402.087. INFORMATION AVAILABLE TO PROSPECTIVE EMPLOYERS. (a) A prospective...

Section 402.088. Report of Prior Injury - Sec. 402.088. REPORT OF PRIOR INJURY. (a) On receipt of...

Section 402.089. Failure to File Authorization - Sec. 402.089. FAILURE TO FILE AUTHORIZATION. An employer who receives...

Section 402.090. Statistical Information - Sec. 402.090. STATISTICAL INFORMATION. The division, the Texas Department of...

Section 402.091. Failure to Maintain Confidentiality; Offense; Penalty - Sec. 402.091. FAILURE TO MAINTAIN CONFIDENTIALITY; OFFENSE; PENALTY. (a) A...

Section 402.092. Investigation Files Confidential; Disclosure of Certain Information - Sec. 402.092. INVESTIGATION FILES CONFIDENTIAL; DISCLOSURE OF CERTAIN INFORMATION. (a)...

Subchapter F. Cooperation With Office of Injured Employee Counsel

Section 402.251. Cooperation; Facilities - Sec. 402.251. COOPERATION; FACILITIES. (a) The department and the division...

Chapter 403 - Division Financing

Section 403.001. Funds - Sec. 403.001. FUNDS. (a) Except as provided by Sections 403.006,...

Section 403.002. Maintenance Taxes - Sec. 403.002. MAINTENANCE TAXES. (a) Each insurance carrier, other than...

Section 403.003. Rate of Assessment - Sec. 403.003. RATE OF ASSESSMENT. (a) The commissioner of insurance...

Section 403.004. Collection of Tax After Withdrawal From Business - Sec. 403.004. COLLECTION OF TAX AFTER WITHDRAWAL FROM BUSINESS. The...

Section 403.005. Tax Rate - Sec. 403.005. TAX RATE. The commissioner of insurance shall annually...

Section 403.006. Subsequent Injury Fund - Sec. 403.006. SUBSEQUENT INJURY FUND. (a) The subsequent injury fund...

Section 403.007. Funding of Subsequent Injury Fund - Sec. 403.007. FUNDING OF SUBSEQUENT INJURY FUND. (a) If a...

Section 403.008. Deposit of Administrative Penalties - Sec. 403.008. DEPOSIT OF ADMINISTRATIVE PENALTIES. Administrative penalties collected under...

Chapter 404 - Office of Injured Employee Counsel

Subchapter A. Office; General Provisions

Section 404.001. Definitions - Sec. 404.001. DEFINITIONS. In this chapter: (1) "Office" means the...

Section 404.002. Establishment of Office; Administrative Attachment to Texas Department of Workers' Compensation - Sec. 404.002. ESTABLISHMENT OF OFFICE; ADMINISTRATIVE ATTACHMENT TO TEXAS DEPARTMENT...

Section 404.003. Sunset Provision - Sec. 404.003. SUNSET PROVISION. The office of injured employee counsel...

Section 404.004. Public Interest Information - Sec. 404.004. PUBLIC INTEREST INFORMATION. (a) The office shall prepare...

Section 404.005. Access to Programs and Facilities - Sec. 404.005. ACCESS TO PROGRAMS AND FACILITIES. (a) The office...

Section 404.006. Rulemaking - Sec. 404.006. RULEMAKING. (a) The public counsel shall adopt rules...

Section 404.007. Negotiated Rulemaking; Alternative Dispute Resolution - Sec. 404.007. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The office...

Section 404.008. Complaints - Sec. 404.008. COMPLAINTS. (a) The office shall maintain a system...

Subchapter B. Injured Employee Public Counsel

Section 404.051. Appointment; Term - Sec. 404.051. APPOINTMENT; TERM. (a) The governor, with the advice...

Section 404.052. Qualifications - Sec. 404.052. QUALIFICATIONS. To be eligible to serve as public...

Section 404.053. Business Interest; Service as Public Counsel - Sec. 404.053. BUSINESS INTEREST; SERVICE AS PUBLIC COUNSEL. A person...

Section 404.054. Lobbying Activities - Sec. 404.054. LOBBYING ACTIVITIES. A person may not serve as...

Section 404.055. Grounds for Removal - Sec. 404.055. GROUNDS FOR REMOVAL. (a) It is a ground...

Section 404.056. Prohibited Representation or Employment - Sec. 404.056. PROHIBITED REPRESENTATION OR EMPLOYMENT. (a) A former public...

Section 404.057. Trade Associations - Sec. 404.057. TRADE ASSOCIATIONS. (a) In this section, "trade association"...

Subchapter C. General Powers and Duties of Office

Section 404.101. General Duties - Sec. 404.101. GENERAL DUTIES. (a) The office shall, as provided...

Section 404.1015. Refusal to Provide or Termination of Services - Sec. 404.1015. REFUSAL TO PROVIDE OR TERMINATION OF SERVICES. (a)...

Section 404.102. General Powers and Duties of Public Counsel - Sec. 404.102. GENERAL POWERS AND DUTIES OF PUBLIC COUNSEL. The...

Section 404.103. Operation of Ombudsman Program - Sec. 404.103. OPERATION OF OMBUDSMAN PROGRAM. (a) The office shall...

Section 404.104. Authority to Appear or Intervene - Sec. 404.104. AUTHORITY TO APPEAR OR INTERVENE. The public counsel:...

Section 404.105. Authority to Assist Individual Injured Employees in Administrative Procedures - Sec. 404.105. AUTHORITY TO ASSIST INDIVIDUAL INJURED EMPLOYEES IN ADMINISTRATIVE...

Section 404.106. Legislative Report - Sec. 404.106. LEGISLATIVE REPORT. (a) The office shall report to...

Section 404.107. Access to Information by Public Counsel - Sec. 404.107. ACCESS TO INFORMATION BY PUBLIC COUNSEL. The public...

Section 404.108. Legislative Recommendations - Sec. 404.108. LEGISLATIVE RECOMMENDATIONS. The public counsel may recommend proposed...

Section 404.109. Injured Employee Rights; Notice - Sec. 404.109. INJURED EMPLOYEE RIGHTS; NOTICE. The public counsel shall...

Section 404.110. Applicability to Public Counsel of Confidentiality Requirements - Sec. 404.110. APPLICABILITY TO PUBLIC COUNSEL OF CONFIDENTIALITY REQUIREMENTS. (a)...

Section 404.111. Access to Information - Sec. 404.111. ACCESS TO INFORMATION. (a) When assisting an injured...

Subchapter D. Ombudsman Program

Section 404.151. Ombudsman Program - Sec. 404.151. OMBUDSMAN PROGRAM. (a) The office shall maintain an...

Section 404.152. Designation as Ombudsman; Eligibility and Training Requirements; Continuing Education Requirements - Sec. 404.152. DESIGNATION AS OMBUDSMAN; ELIGIBILITY AND TRAINING REQUIREMENTS; CONTINUING...

Section 404.1525. First Responder Liaison - Sec. 404.1525. FIRST RESPONDER LIAISON. (a) In this section, "first...

Section 404.153. Employer Notification; Administrative Violation - Sec. 404.153. EMPLOYER NOTIFICATION; ADMINISTRATIVE VIOLATION. (a) Each employer shall...

Section 404.154. Public Information - Sec. 404.154. PUBLIC INFORMATION. The office shall widely disseminate information...

Section 404.155. Cost for Certain Copies of Medical Records; Administrative Violation - Sec. 404.155. COST FOR CERTAIN COPIES OF MEDICAL RECORDS; ADMINISTRATIVE...

Chapter 405 - Workers' Compensation Research

Section 405.001. Definition - Sec. 405.001. DEFINITION. In this chapter, "group" means the workers'...

Section 405.002. Workers' Compensation Research Duties of Department - Sec. 405.002. WORKERS' COMPENSATION RESEARCH DUTIES OF DEPARTMENT. (a) The...

Section 405.0025. Research Duties of Group - Sec. 405.0025. RESEARCH DUTIES OF GROUP. (a) The group shall...

Section 405.0026. Research Agenda - Sec. 405.0026. RESEARCH AGENDA. (a) The group shall prepare and...

Section 405.003. Funding; Maintenance Tax - Sec. 405.003. FUNDING; MAINTENANCE TAX. (a) The group's duties under...

Section 405.004. Coordination With Other State Agencies; Confidentiality - Sec. 405.004. COORDINATION WITH OTHER STATE AGENCIES; CONFIDENTIALITY. (a) As...

Chapter 406 - Workers' Compensation Insurance Coverage

Subchapter A. Coverage Election; Security Procedures

Section 406.001. Definition - Sec. 406.001. DEFINITION. In this subchapter, "employer" means a person...

Section 406.002. Coverage Generally Elective - Sec. 406.002. COVERAGE GENERALLY ELECTIVE. (a) Except for public employers...

Section 406.003. Methods of Obtaining Coverage - Sec. 406.003. METHODS OF OBTAINING COVERAGE. An employer may obtain...

Section 406.004. Employer Notice to Division - Sec. 406.004. EMPLOYER NOTICE TO DIVISION. (a) An employer who...

Section 406.005. Employer Notice to Employees; Administrative Violation - Sec. 406.005. EMPLOYER NOTICE TO EMPLOYEES; ADMINISTRATIVE VIOLATION. (a) An...

Section 406.006. Insurance Coverage and Claim Administration Reporting Requirements; Administrative Violation - Sec. 406.006. INSURANCE COVERAGE AND CLAIM ADMINISTRATION REPORTING REQUIREMENTS; ADMINISTRATIVE...

Section 406.007. Termination of Coverage by Employer; Notice - Sec. 406.007. TERMINATION OF COVERAGE BY EMPLOYER; NOTICE. (a) An...

Section 406.008. Cancellation or Nonrenewal of Coverage by Insurance Company; Notice - Sec. 406.008. CANCELLATION OR NONRENEWAL OF COVERAGE BY INSURANCE COMPANY;...

Section 406.009. Collecting and Maintaining Information; Monitoring and Enforcing Compliance - Sec. 406.009. COLLECTING AND MAINTAINING INFORMATION; MONITORING AND ENFORCING COMPLIANCE....

Section 406.010. Claims Service; Administrative Violation - Sec. 406.010. CLAIMS SERVICE; ADMINISTRATIVE VIOLATION. (a) An insurance carrier...

Section 406.011. Austin Representative; Administrative Violation - Sec. 406.011. AUSTIN REPRESENTATIVE; ADMINISTRATIVE VIOLATION. (a) The commissioner by...

Section 406.012. Enforcement of Subchapter - Sec. 406.012. ENFORCEMENT OF SUBCHAPTER. The commission shall enforce the...

Subchapter B. Coverage Requirements

Section 406.031. Liability for Compensation - Sec. 406.031. LIABILITY FOR COMPENSATION. (a) An insurance carrier is...

Section 406.032. Exceptions - Sec. 406.032. EXCEPTIONS. An insurance carrier is not liable for...

Section 406.033. Common-Law Defenses; Burden of Proof - Sec. 406.033. COMMON-LAW DEFENSES; BURDEN OF PROOF. (a) In an...

Section 406.034. Employee Election - Sec. 406.034. EMPLOYEE ELECTION. (a) Except as otherwise provided by...

Section 406.035. Waiver of Compensation Prohibited - Sec. 406.035. WAIVER OF COMPENSATION PROHIBITED. Except as provided by...

Subchapter C. Coverage Through Commercial Insurance

Section 406.051. Security by Commercial Insurance - Sec. 406.051. SECURITY BY COMMERCIAL INSURANCE. (a) An insurance company...

Section 406.052. Effect of Other Insurance Coverage - Sec. 406.052. EFFECT OF OTHER INSURANCE COVERAGE. (a) A contract...

Section 406.053. All States Coverage - Sec. 406.053. ALL STATES COVERAGE. The Texas Department of Insurance...

Subchapter D. Extraterritorial Coverage

Section 406.071. Extraterritorial Coverage - Sec. 406.071. EXTRATERRITORIAL COVERAGE. (a) An employee who is injured...

Section 406.072. Principal Location - Sec. 406.072. PRINCIPAL LOCATION. The principal location of a person's...

Section 406.073. Agreement on Principal Location; Administrative Violation - Sec. 406.073. AGREEMENT ON PRINCIPAL LOCATION; ADMINISTRATIVE VIOLATION. (a) An...

Section 406.074. Interjurisdictional Agreements - Sec. 406.074. INTERJURISDICTIONAL AGREEMENTS. (a) The commissioner may enter into...

Section 406.075. Effect of Compensation Paid in Other Jurisdiction - Sec. 406.075. EFFECT OF COMPENSATION PAID IN OTHER JURISDICTION. (a)...

Subchapter E. Application of Coverage to Certain Employees

Section 406.091. Exempt Employees; Voluntary Coverage - Sec. 406.091. EXEMPT EMPLOYEES; VOLUNTARY COVERAGE. (a) The following employees...

Section 406.092. Alien Employees and Beneficiaries - Sec. 406.092. ALIEN EMPLOYEES AND BENEFICIARIES. (a) A resident or...

Section 406.093. Legally Incompetent Employees - Sec. 406.093. LEGALLY INCOMPETENT EMPLOYEES. (a) The guardian of an...

Section 406.094. Certain Persons Licensed by Texas Real Estate Commission - Sec. 406.094. CERTAIN PERSONS LICENSED BY TEXAS REAL ESTATE COMMISSION....

Section 406.095. Certain Professional Athletes - Sec. 406.095. CERTAIN PROFESSIONAL ATHLETES. (a) A professional athlete employed...

Section 406.096. Required Coverage for Certain Building or Construction Contractors - Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR CONSTRUCTION CONTRACTORS....

Section 406.097. Executive Employees of Certain Business Entities - Sec. 406.097. EXECUTIVE EMPLOYEES OF CERTAIN BUSINESS ENTITIES. (a) A...

Section 406.098. Volunteer Emergency Service Members and Personnel - Sec. 406.098. VOLUNTEER EMERGENCY SERVICE MEMBERS AND PERSONNEL. (a) An...

Subchapter F. Coverage of Certain Independent Contractors

Section 406.121. Definitions - Sec. 406.121. DEFINITIONS. In this subchapter: (1) "General contractor" means...

Section 406.122. Status as Employee - Sec. 406.122. STATUS AS EMPLOYEE. (a) For purposes of workers'...

Section 406.123. Election to Provide Coverage; Administrative Violation - Sec. 406.123. ELECTION TO PROVIDE COVERAGE; ADMINISTRATIVE VIOLATION. (a) A...

Section 406.124. Cause of Action - Sec. 406.124. CAUSE OF ACTION. If a person who has...

Section 406.125. Restriction of Unsafe Work Practices Unaffected - Sec. 406.125. RESTRICTION OF UNSAFE WORK PRACTICES UNAFFECTED. This subchapter...

Section 406.126. Exemption - Sec. 406.126. EXEMPTION. This subchapter does not apply to farm...

Section 406.127. Effect of Certain Contracts of Hire - Sec. 406.127. EFFECT OF CERTAIN CONTRACTS OF HIRE. An insurance...

Subchapter G. Coverage of Certain Building and Construction Workers

Section 406.141. Definitions - Sec. 406.141. DEFINITIONS. In this subchapter: (1) "Hiring contractor" means...

Section 406.142. Application - Sec. 406.142. APPLICATION. This subchapter applies only to contractors and...

Section 406.143. Provision of Workers' Compensation Insurance; Independent Contractor Without Employees - Sec. 406.143. PROVISION OF WORKERS' COMPENSATION INSURANCE; INDEPENDENT CONTRACTOR WITHOUT...

Section 406.144. Election to Provide Coverage; Agreement - Sec. 406.144. ELECTION TO PROVIDE COVERAGE; AGREEMENT. (a) Except as...

Section 406.145. Joint Agreement - Sec. 406.145. JOINT AGREEMENT. (a) A hiring contractor and an...

Section 406.146. Wrongful Inducement Prohibited - Sec. 406.146. WRONGFUL INDUCEMENT PROHIBITED. (a) A hiring contractor may...

Subchapter H. Coverage of Farm and Ranch Employees

Section 406.161. Definitions - Sec. 406.161. DEFINITIONS. In this subchapter: (1) "Agricultural labor" means...

Section 406.162. Scope - Sec. 406.162. SCOPE. (a) This subtitle applies to an action...

Section 406.163. Liability of Labor Agent; Joint and Several Liability - Sec. 406.163. LIABILITY OF LABOR AGENT; JOINT AND SEVERAL LIABILITY....

Section 406.164. Elective Coverage of Employer and Family Members - Sec. 406.164. ELECTIVE COVERAGE OF EMPLOYER AND FAMILY MEMBERS. (a)...

Section 406.165. Not Applicable to Independent Contractors - Sec. 406.165. NOT APPLICABLE TO INDEPENDENT CONTRACTORS. (a) A farm...

Chapter 407 - Self-Insurance Regulation

Subchapter A. General Provisions

Section 407.001. Definitions - Sec. 407.001. DEFINITIONS. In this chapter: (1) "Association" means the...

Subchapter B. Division of Self-Insurance Regulation

Section 407.023. Exclusive Powers and Duties of Commissioner - Sec. 407.023. EXCLUSIVE POWERS AND DUTIES OF COMMISSIONER. The commissioner...

Section 407.024. Claim or Suit - Sec. 407.024. CLAIM OR SUIT. (a) A claim or suit...

Subchapter C. Certificate of Authority to Self-Insure

Section 407.041. Application - Sec. 407.041. APPLICATION. (a) An employer who desires to self-insure...

Section 407.042. Issuance of Certificate - Sec. 407.042. ISSUANCE OF CERTIFICATE. With the approval of the...

Section 407.043. Procedures on Denial of Application - Sec. 407.043. PROCEDURES ON DENIAL OF APPLICATION. (a) If the...

Section 407.044. Term of Certificate of Authority; Renewal - Sec. 407.044. TERM OF CERTIFICATE OF AUTHORITY; RENEWAL. (a) A...

Section 407.045. Withdrawal From Self-Insurance - Sec. 407.045. WITHDRAWAL FROM SELF-INSURANCE. (a) A certified self-insurer may...

Section 407.046. Revocation of Certificate of Authority - Sec. 407.046. REVOCATION OF CERTIFICATE OF AUTHORITY. (a) The commissioner...

Section 407.047. Effect of Revocation - Sec. 407.047. EFFECT OF REVOCATION. (a) A certified self-insurer whose...

Subchapter D. Requirements for Certificate of Authority

Section 407.061. General Requirements - Sec. 407.061. GENERAL REQUIREMENTS. (a) To be eligible for a...

Section 407.062. Financial Strength and Liquidity Requirements - Sec. 407.062. FINANCIAL STRENGTH AND LIQUIDITY REQUIREMENTS. In assessing the...

Section 407.063. Premium Requirements - Sec. 407.063. PREMIUM REQUIREMENTS. (a) In addition to meeting the...

Section 407.064. General Security Requirements - Sec. 407.064. GENERAL SECURITY REQUIREMENTS. (a) Each applicant shall provide...

Section 407.065. Specific Security Requirements - Sec. 407.065. SPECIFIC SECURITY REQUIREMENTS. (a) A security deposit must...

Section 407.066. Effect of Dispute - Sec. 407.066. EFFECT OF DISPUTE. (a) The commissioner, after notice...

Section 407.067. Excess Insurance; Reinsurance; Administrative Violation - Sec. 407.067. EXCESS INSURANCE; REINSURANCE; ADMINISTRATIVE VIOLATION. (a) Each applicant...

Section 407.068. Guarantee by Parent Organization - Sec. 407.068. GUARANTEE BY PARENT ORGANIZATION. If an applicant for...

Subchapter E. Powers and Duties of Certified Self-Insurer

Section 407.081. Annual Report - Sec. 407.081. ANNUAL REPORT. (a) Each certified self-insurer shall file...

Section 407.082. Examination of Records; Administrative Violation - Sec. 407.082. EXAMINATION OF RECORDS; ADMINISTRATIVE VIOLATION. (a) Each certified...

Section 407.083. Payment of Insurance Agent's Commission - Sec. 407.083. PAYMENT OF INSURANCE AGENT'S COMMISSION. This chapter does...

Subchapter F. Financing of Self-Insurance Program

Section 407.101. Fund - Sec. 407.101. FUND. (a) The workers' compensation self-insurance fund is...

Section 407.102. Regulatory Fee - Sec. 407.102. REGULATORY FEE. (a) Each certified self-insurer shall pay...

Section 407.103. Self-Insurer Maintenance Tax; Effect on General Maintenance Tax - Sec. 407.103. SELF-INSURER MAINTENANCE TAX; EFFECT ON GENERAL MAINTENANCE TAX....

Section 407.104. Collection of Taxes and Fees; Administrative Violation - Sec. 407.104. COLLECTION OF TAXES AND FEES; ADMINISTRATIVE VIOLATION. (a)...

Subchapter G. Texas Certified Self-Insurer Guaranty Association

Section 407.121. Guaranty Association - Sec. 407.121. GUARANTY ASSOCIATION. (a) The Texas Certified Self-Insurer Guaranty...

Section 407.122. Board of Directors - Sec. 407.122. BOARD OF DIRECTORS. (a) The members of the...

Section 407.123. Board Rules - Sec. 407.123. BOARD RULES. (a) The board of directors may...

Section 407.124. Impaired Employer; Assessments - Sec. 407.124. IMPAIRED EMPLOYER; ASSESSMENTS. (a) On determination by the...

Section 407.125. Payment of Assessments - Sec. 407.125. PAYMENT OF ASSESSMENTS. Each certified self-insurer shall pay...

Section 407.126. Trust Fund; Fee; Schedule - Sec. 407.126. TRUST FUND; FEE; SCHEDULE. (a) Each member of...

Section 407.127. Payment of Benefits Through Association - Sec. 407.127. PAYMENT OF BENEFITS THROUGH ASSOCIATION. (a) If the...

Section 407.128. Possession of Security by Association - Sec. 407.128. POSSESSION OF SECURITY BY ASSOCIATION. On the assumption...

Section 407.129. Release of Claim Information to Association - Sec. 407.129. RELEASE OF CLAIM INFORMATION TO ASSOCIATION. Information on...

Section 407.130. Association as Party in Interest - Sec. 407.130. ASSOCIATION AS PARTY IN INTEREST. (a) The association...

Section 407.131. Preference - Sec. 407.131. PREFERENCE. The benefit payments made by the association...

Section 407.132. Special Fund - Sec. 407.132. SPECIAL FUND. Funds advanced by the association under...

Section 407.133. Suspension or Revocation of Certificate for Failure to Pay Assessment - Sec. 407.133. SUSPENSION OR REVOCATION OF CERTIFICATE FOR FAILURE TO...

Chapter 407A - Group Self-Insurance Coverage

Subchapter A. General Provisions

Section 407A.001. Definitions - Sec. 407A.001. DEFINITIONS. (a) In this chapter: (1) "Administrator" means...

Section 407A.002. Application of Chapter; Establishment of Private Group - Sec. 407A.002. APPLICATION OF CHAPTER; ESTABLISHMENT OF PRIVATE GROUP. (a)...

Section 407A.003. Merger of Groups - Sec. 407A.003. MERGER OF GROUPS. (a) Subject to the approval...

Section 407A.004. Group Not Insurer - Sec. 407A.004. GROUP NOT INSURER. A group issued a certificate...

Section 407A.005. Certificate of Approval Required - Sec. 407A.005. CERTIFICATE OF APPROVAL REQUIRED. An association of employers...

Section 407A.006. Service of Process - Sec. 407A.006. SERVICE OF PROCESS. (a) Each group shall be...

Section 407A.007. Hearings - Sec. 407A.007. HEARINGS. A hearing required under this chapter shall...

Section 407A.008. Rules - Sec. 407A.008. RULES. The commissioner shall adopt rules as necessary...

Section 407A.009. Certificate of Authority Required for Certain Administrators and Service Companies - Sec. 407A.009. CERTIFICATE OF AUTHORITY REQUIRED FOR CERTAIN ADMINISTRATORS AND...

Subchapter B. Application Requirements for Certificate of Approval for Self-Insurance Group

Section 407A.051. Application for Initial Certificate of Approval; Approval Requirements - Sec. 407A.051. APPLICATION FOR INITIAL CERTIFICATE OF APPROVAL; APPROVAL REQUIREMENTS....

Section 407A.052. Issuance of Certificate of Approval; Refusal - Sec. 407A.052. ISSUANCE OF CERTIFICATE OF APPROVAL; REFUSAL. (a) The...

Section 407A.053. Financial Requirements - Sec. 407A.053. FINANCIAL REQUIREMENTS. (a) To obtain a certificate of...

Section 407A.054. Excess Insurance Requirements - Sec. 407A.054. EXCESS INSURANCE REQUIREMENTS. (a) To obtain an initial...

Section 407A.055. Premium Requirements - Sec. 407A.055. PREMIUM REQUIREMENTS. Each group must have an estimated...

Section 407A.056. Indemnity Agreement Requirements - Sec. 407A.056. INDEMNITY AGREEMENT REQUIREMENTS. (a) An indemnity agreement filed...

Section 407A.057. Additional Performance Bond Requirements - Sec. 407A.057. ADDITIONAL PERFORMANCE BOND REQUIREMENTS. (a) In addition to...

Subchapter C. Termination of Certificate of Approval

Section 407A.101. Certificate of Approval; Termination - Sec. 407A.101. CERTIFICATE OF APPROVAL; TERMINATION. (a) A certificate of...

Subchapter D. Board of Trustees

Section 407A.151. Board Membership - Sec. 407A.151. BOARD MEMBERSHIP. (a) Each group shall be operated...

Section 407A.152. Board General Powers and Duties - Sec. 407A.152. BOARD GENERAL POWERS AND DUTIES. The board of...

Section 407A.153. Prohibited Activities - Sec. 407A.153. PROHIBITED ACTIVITIES. The board of trustees may not:...

Section 407A.154. Group Funds - Sec. 407A.154. GROUP FUNDS. The board of trustees shall maintain...

Subchapter E. Group Membership; Termination; Liability

Section 407A.201. Admission of Employer as Member - Sec. 407A.201. ADMISSION OF EMPLOYER AS MEMBER. (a) An employer...

Subchapter F. Examinations, Financial Statements, and Other Reports

Section 407A.251. Financial Statement - Sec. 407A.251. FINANCIAL STATEMENT. (a) Each group shall submit to...

Section 407A.252. Examination - Sec. 407A.252. EXAMINATION. (a) The commissioner shall examine the financial...

Subchapter G. Taxes, Fees, and Assessments

Section 407A.301. Maintenance Tax for Division and Research Functions of Department - Sec. 407A.301. MAINTENANCE TAX FOR DIVISION AND RESEARCH FUNCTIONS OF...

Section 407A.302. Maintenance Tax for Department - Sec. 407A.302. MAINTENANCE TAX FOR DEPARTMENT. (a) Subject to Subsection...

Section 407A.303. Collection and Payment of Taxes - Sec. 407A.303. COLLECTION AND PAYMENT OF TAXES. (a) The group...

Section 407A.304. Premium Tax - Sec. 407A.304. PREMIUM TAX. (a) Each group shall pay to...

Subchapter H. Rates; Refunds; Premium Payments; Reserves; Deficits

Section 407A.351. Rates - Sec. 407A.351. RATES. (a) Except as provided by Subsection (b),...

Section 407A.352. Audits - Sec. 407A.352. AUDITS. Each member of a group shall be...

Section 407A.353. Refunds - Sec. 407A.353. REFUNDS. (a) The board of trustees may declare...

Section 407A.354. Premium Payment Plan; Reserves - Sec. 407A.354. PREMIUM PAYMENT PLAN; RESERVES. (a) Until the assets...

Section 407A.355. Deficits; Insolvencies - Sec. 407A.355. DEFICITS; INSOLVENCIES. (a) For purposes of this section,...

Subchapter I. Disciplinary Actions; Penalties

Section 407A.401. Prohibited Solicitation - Sec. 407A.401. PROHIBITED SOLICITATION. In connection with the solicitation of...

Section 407A.402. Fines - Sec. 407A.402. FINES. After notice and an opportunity for a...

Section 407A.403. Cease and Desist Orders - Sec. 407A.403. CEASE AND DESIST ORDERS. (a) After notice and...

Section 407A.404. Revocation of Certificate of Approval - Sec. 407A.404. REVOCATION OF CERTIFICATE OF APPROVAL. (a) After notice...

Subchapter J. Texas Self-Insurance Group Guaranty Fund

Section 407A.451. Definitions - Sec. 407A.451. DEFINITIONS. In this subchapter: (1) "Board" means the...

Section 407A.452. Guaranty Fund - Sec. 407A.452. GUARANTY FUND. (a) The Texas self-insurance group guaranty...

Section 407A.453. Board of Directors - Sec. 407A.453. BOARD OF DIRECTORS. (a) The guaranty fund is...

Section 407A.454. Immunity - Sec. 407A.454. IMMUNITY. A board member or a member of...

Section 407A.455. Board General Powers and Duties - Sec. 407A.455. BOARD GENERAL POWERS AND DUTIES. (a) The board...

Section 407A.456. Plan of Operation - Sec. 407A.456. PLAN OF OPERATION. (a) The board shall adopt...

Section 407A.457. Trust Fund; Schedule - Sec. 407A.457. TRUST FUND; SCHEDULE. (a) Each group shall contribute...

Section 407A.458. Effect of Insolvency of Group - Sec. 407A.458. EFFECT OF INSOLVENCY OF GROUP. (a) On determining...

Section 407A.459. Collection of Assessments From Group Members; Continuation of Joint and Several Liability - Sec. 407A.459. COLLECTION OF ASSESSMENTS FROM GROUP MEMBERS; CONTINUATION OF...

Section 407A.460. Payment of Benefits Through Guaranty Fund - Sec. 407A.460. PAYMENT OF BENEFITS THROUGH GUARANTY FUND. (a) If...

Section 407A.461. Possession of Security by Guaranty Fund - Sec. 407A.461. POSSESSION OF SECURITY BY GUARANTY FUND. On the...

Section 407A.462. Release of Claim Information to Guaranty Fund - Sec. 407A.462. RELEASE OF CLAIM INFORMATION TO GUARANTY FUND. If...

Section 407A.463. Guaranty Fund as Party in Interest - Sec. 407A.463. GUARANTY FUND AS PARTY IN INTEREST. (a) The...

Section 407A.464. Preferences - Sec. 407A.464. PREFERENCES. (a) Benefit payments made by the guaranty...

Section 407A.465. Special Fund - Sec. 407A.465. SPECIAL FUND. Monies advanced by the association under...

Chapter 408 - Workers' Compensation Benefits

Subchapter A. General Provisions

Section 408.001. Exclusive Remedy; Exemplary Damages - Sec. 408.001. EXCLUSIVE REMEDY; EXEMPLARY DAMAGES. (a) Recovery of workers'...

Section 408.002. Survival of Cause of Action - Sec. 408.002. SURVIVAL OF CAUSE OF ACTION. A right of...

Section 408.003. Reimbursable Employer Payments; Salary Continuation; Offset Against Income Benefits; Limits - Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS; SALARY CONTINUATION; OFFSET AGAINST INCOME...

Section 408.004. Required Medical Examinations; Administrative Violation - Sec. 408.004. REQUIRED MEDICAL EXAMINATIONS; ADMINISTRATIVE VIOLATION. (a) The commissioner...

Section 408.0041. Designated Doctor Examination - Sec. 408.0041. DESIGNATED DOCTOR EXAMINATION. (a) At the request of...

Section 408.0042. Medical Examination by Treating Doctor to Define Compensable Injury - Sec. 408.0042. MEDICAL EXAMINATION BY TREATING DOCTOR TO DEFINE COMPENSABLE...

Section 408.0043. Professional Specialty Certification Required for Certain Review - Sec. 408.0043. PROFESSIONAL SPECIALTY CERTIFICATION REQUIRED FOR CERTAIN REVIEW. (a)...

Section 408.0044. Review of Dental Services - Sec. 408.0044. REVIEW OF DENTAL SERVICES. (a) This section applies...

Section 408.0045. Review of Chiropractic Services - Sec. 408.0045. REVIEW OF CHIROPRACTIC SERVICES. (a) This section applies...

Section 408.0046. Rules - Sec. 408.0046. RULES. The commissioner may adopt rules as necessary...

Section 408.005. Settlements and Agreements - Sec. 408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement may not...

Section 408.006. Mental Trauma Injuries - Sec. 408.006. MENTAL TRAUMA INJURIES. (a) It is the express...

Section 408.007. Date of Injury for Occupational Disease - Sec. 408.007. DATE OF INJURY FOR OCCUPATIONAL DISEASE. For purposes...

Section 408.008. Compensability of Heart Attacks - Sec. 408.008. COMPENSABILITY OF HEART ATTACKS. A heart attack is...

Subchapter B. Medical Benefits

Section 408.021. Entitlement to Medical Benefits - Sec. 408.021. ENTITLEMENT TO MEDICAL BENEFITS. (a) An employee who...

Section 408.022. Selection of Doctor - Sec. 408.022. SELECTION OF DOCTOR. (a) Except in an emergency,...

Section 408.0221. Request for Description of Employment - Sec. 408.0221. REQUEST FOR DESCRIPTION OF EMPLOYMENT. (a) This section...

Section 408.023. List of Approved Doctors; Duties of Treating Doctors - Sec. 408.023. LIST OF APPROVED DOCTORS; DUTIES OF TREATING DOCTORS....

Section 408.0231. Maintenance of List of Approved Doctors; Sanctions and Privileges Relating to Health Care - Sec. 408.0231. MAINTENANCE OF LIST OF APPROVED DOCTORS; SANCTIONS AND...

Section 408.024. Noncompliance With Selection Requirements - Sec. 408.024. NONCOMPLIANCE WITH SELECTION REQUIREMENTS. Except as otherwise provided,...

Section 408.025. Reports and Records Required From Health Care Providers - Sec. 408.025. REPORTS AND RECORDS REQUIRED FROM HEALTH CARE PROVIDERS....

Section 408.0251. Electronic Billing Requirements - Sec. 408.0251. ELECTRONIC BILLING REQUIREMENTS. (a) The commissioner, by rule...

Section 408.0252. Underserved Areas - Sec. 408.0252. UNDERSERVED AREAS. The commissioner by rule may identify...

Section 408.026. Spinal Surgery - Sec. 408.026. SPINAL SURGERY. Except in a medical emergency, an...

Section 408.027. Payment of Health Care Provider - Sec. 408.027. PAYMENT OF HEALTH CARE PROVIDER. (a) A health...

Section 408.0271. Reimbursement by Health Care Provider - Sec. 408.0271. REIMBURSEMENT BY HEALTH CARE PROVIDER. (a) If the...

Section 408.0272. Certain Exceptions for Untimely Submission of Claim - Sec. 408.0272. CERTAIN EXCEPTIONS FOR UNTIMELY SUBMISSION OF CLAIM. (a)...

Section 408.028. Pharmaceutical Services - Sec. 408.028. PHARMACEUTICAL SERVICES. (a) A physician providing care to...

Section 408.0281. Reimbursement for Pharmaceutical Services; Administrative Violation - Sec. 408.0281. REIMBURSEMENT FOR PHARMACEUTICAL SERVICES; ADMINISTRATIVE VIOLATION. (a) In...

Section 408.0282. Requirements for Certain Informal or Voluntary Networks - Sec. 408.0282. REQUIREMENTS FOR CERTAIN INFORMAL OR VOLUNTARY NETWORKS. (a)...

Section 408.0284. Reimbursement for Durable Medical Equipment and Home Health Care Services; Administrative Violation - Sec. 408.0284. REIMBURSEMENT FOR DURABLE MEDICAL EQUIPMENT AND HOME HEALTH...

Section 408.029. Nurse First Assistant Services - Sec. 408.029. NURSE FIRST ASSISTANT SERVICES. An insurance carrier may...

Section 408.031. Workers' Compensation Health Care Networks - Sec. 408.031. WORKERS' COMPENSATION HEALTH CARE NETWORKS. (a) Notwithstanding any...

Subchapter C. Computation of Average Weekly Wage

Section 408.041. Average Weekly Wage - Sec. 408.041. AVERAGE WEEKLY WAGE. (a) Except as otherwise provided...

Section 408.042. Average Weekly Wage for Part-Time Employee or Employee With Multiple Employment - Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE OR EMPLOYEE...

Section 408.043. Average Weekly Wage for Seasonal Employee - Sec. 408.043. AVERAGE WEEKLY WAGE FOR SEASONAL EMPLOYEE. (a) For...

Section 408.044. Average Weekly Wage for Minor, Apprentice, Trainee, or Student - Sec. 408.044. AVERAGE WEEKLY WAGE FOR MINOR, APPRENTICE, TRAINEE, OR...

Section 408.0445. Average Weekly Wage for Members of State Military Forces, Texas Task Force 1, Intrastate Fire Mutual Aid System Teams, and Regional Incident Management Teams - Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE MILITARY...

Section 408.0446. Average Weekly Wage; School District Employee - Sec. 408.0446. AVERAGE WEEKLY WAGE; SCHOOL DISTRICT EMPLOYEE. (a) For...

Section 408.045. Nonpecuniary Wages - Sec. 408.045. NONPECUNIARY WAGES. The division may not include nonpecuniary...

Section 408.046. Similar Employees, Services, or Employment - Sec. 408.046. SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT. For purposes of...

Section 408.047. State Average Weekly Wage - Sec. 408.047. STATE AVERAGE WEEKLY WAGE. (a) On and after...

Subchapter D. Computation of Benefits

Section 408.061. Maximum Weekly Benefit - Sec. 408.061. MAXIMUM WEEKLY BENEFIT. (a) A weekly temporary income...

Section 408.062. Minimum Weekly Income Benefit - Sec. 408.062. MINIMUM WEEKLY INCOME BENEFIT. (a) The minimum weekly...

Section 408.063. Wage Presumptions; Administrative Violation - Sec. 408.063. WAGE PRESUMPTIONS; ADMINISTRATIVE VIOLATION. (a) To expedite the...

Section 408.064. Interest on Accrued Benefits - Sec. 408.064. INTEREST ON ACCRUED BENEFITS. (a) An order to...

Subchapter E. Income Benefits in General

Section 408.081. Income Benefits - Sec. 408.081. INCOME BENEFITS. (a) An employee is entitled to...

Section 408.0815. Resolution of Overpayment or Underpayment of Income Benefits - Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS....

Section 408.082. Accrual of Right to Income Benefits - Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS. (a) Income...

Section 408.083. Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits - Sec. 408.083. TERMINATION OF RIGHT TO TEMPORARY INCOME, IMPAIRMENT INCOME,...

Section 408.084. Contributing Injury - Sec. 408.084. CONTRIBUTING INJURY. (a) At the request of the...

Section 408.085. Advance of Benefits for Hardship - Sec. 408.085. ADVANCE OF BENEFITS FOR HARDSHIP. (a) If there...

Subchapter F. Temporary Income Benefits

Section 408.101. Temporary Income Benefits - Sec. 408.101. TEMPORARY INCOME BENEFITS. (a) An employee is entitled...

Section 408.102. Duration of Temporary Income Benefits - Sec. 408.102. DURATION OF TEMPORARY INCOME BENEFITS. (a) Temporary income...

Section 408.103. Amount of Temporary Income Benefits - Sec. 408.103. AMOUNT OF TEMPORARY INCOME BENEFITS. (a) Subject to...

Section 408.104. Maximum Medical Improvement After Spinal Surgery - Sec. 408.104. MAXIMUM MEDICAL IMPROVEMENT AFTER SPINAL SURGERY. (a) On...

Section 408.105. Salary Continuation in Lieu of Temporary Income Benefits - Sec. 408.105. SALARY CONTINUATION IN LIEU OF TEMPORARY INCOME BENEFITS....

Subchapter G. Impairment Income Benefits

Section 408.121. Impairment Income Benefits - Sec. 408.121. IMPAIRMENT INCOME BENEFITS. (a) An employee's entitlement to...

Section 408.122. Eligibility for Impairment Income Benefits - Sec. 408.122. ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS. A claimant may...

Section 408.1225. Designated Doctor - Sec. 408.1225. DESIGNATED DOCTOR. (a) To be eligible to serve...

Section 408.123. Certification of Maximum Medical Improvement; Evaluation of Impairment Rating - Sec. 408.123. CERTIFICATION OF MAXIMUM MEDICAL IMPROVEMENT; EVALUATION OF IMPAIRMENT...

Section 408.124. Impairment Rating Guidelines - Sec. 408.124. IMPAIRMENT RATING GUIDELINES. (a) An award of an...

Section 408.125. Dispute as to Impairment Rating - Sec. 408.125. DISPUTE AS TO IMPAIRMENT RATING. (a) If an...

Section 408.126. Amount of Impairment Income Benefits - Sec. 408.126. AMOUNT OF IMPAIRMENT INCOME BENEFITS. Subject to Sections...

Section 408.127. Reduction of Impairment Income Benefits - Sec. 408.127. REDUCTION OF IMPAIRMENT INCOME BENEFITS. (a) An insurance...

Section 408.128. Commutation of Impairment Income Benefits - Sec. 408.128. COMMUTATION OF IMPAIRMENT INCOME BENEFITS. (a) An employee...

Section 408.129. Acceleration of Impairment Income Benefits - Sec. 408.129. ACCELERATION OF IMPAIRMENT INCOME BENEFITS. (a) On approval...

Subchapter H. Supplemental Income Benefits

Section 408.141. Award of Supplemental Income Benefits - Sec. 408.141. AWARD OF SUPPLEMENTAL INCOME BENEFITS. An award of...

Section 408.1415. Work Search Compliance Standards - Sec. 408.1415. WORK SEARCH COMPLIANCE STANDARDS. (a) The commissioner by...

Section 408.142. Supplemental Income Benefits - Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS. (a) An employee is entitled...

Section 408.143. Employee Statement - Sec. 408.143. EMPLOYEE STATEMENT. (a) After the commissioner's initial determination...

Section 408.144. Computation of Supplemental Income Benefits - Sec. 408.144. COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS. (a) Supplemental income...

Section 408.145. Payment of Supplemental Income Benefits - Sec. 408.145. PAYMENT OF SUPPLEMENTAL INCOME BENEFITS. An insurance carrier...

Section 408.146. Termination of Supplemental Income Benefits; Reinitiation - Sec. 408.146. TERMINATION OF SUPPLEMENTAL INCOME BENEFITS; REINITIATION. (a) If...

Section 408.147. Contest of Supplemental Income Benefits by Insurance Carrier; Attorney's Fees - Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY INSURANCE CARRIER;...

Section 408.148. Employee Discharge After Termination - Sec. 408.148. EMPLOYEE DISCHARGE AFTER TERMINATION. The commissioner may reinstate...

Section 408.149. Status Review; Benefit Review Conference - Sec. 408.149. STATUS REVIEW; BENEFIT REVIEW CONFERENCE. (a) Not more...

Section 408.150. Vocational Rehabilitation - Sec. 408.150. VOCATIONAL REHABILITATION. (a) The division shall refer an...

Section 408.151. Medical Examinations for Supplemental Income Benefits - Sec. 408.151. MEDICAL EXAMINATIONS FOR SUPPLEMENTAL INCOME BENEFITS. (a) On...

Subchapter I. Lifetime Income Benefits

Section 408.161. Lifetime Income Benefits - Sec. 408.161. LIFETIME INCOME BENEFITS. (a) Lifetime income benefits are...

Section 408.162. Subsequent Injury Fund Benefits - Sec. 408.162. SUBSEQUENT INJURY FUND BENEFITS. (a) If a subsequent...

Subchapter J. Death and Burial Benefits

Section 408.181. Death Benefits - Sec. 408.181. DEATH BENEFITS. (a) An insurance carrier shall pay...

Section 408.182. Distribution of Death Benefits - Sec. 408.182. DISTRIBUTION OF DEATH BENEFITS. (a) If there is...

Section 408.183. Duration of Death Benefits - Sec. 408.183. DURATION OF DEATH BENEFITS. (a) Entitlement to death...

Section 408.184. Redistribution of Death Benefits - Sec. 408.184. REDISTRIBUTION OF DEATH BENEFITS. (a) If a legal...

Section 408.185. Effect of Beneficiary Dispute; Attorney's Fees - Sec. 408.185. EFFECT OF BENEFICIARY DISPUTE; ATTORNEY'S FEES. On settlement...

Section 408.186. Burial Benefits - Sec. 408.186. BURIAL BENEFITS. (a) If the death of an...

Section 408.187. Autopsy - Sec. 408.187. AUTOPSY. (a) If in a claim for death...

Subchapter K. Protection of Rights to Benefits

Section 408.201. Benefits Exempt From Legal Process - Sec. 408.201. BENEFITS EXEMPT FROM LEGAL PROCESS. Benefits are exempt...

Section 408.202. Assignability of Benefits - Sec. 408.202. ASSIGNABILITY OF BENEFITS. Benefits are not assignable, except...

Section 408.203. Allowable Liens - Sec. 408.203. ALLOWABLE LIENS. (a) An income or death benefit...

Subchapter L. Attorney's Fees in Workers' Compensation Benefit Matters

Section 408.221. Attorney's Fees Paid to Claimant's Counsel - Sec. 408.221. ATTORNEY'S FEES PAID TO CLAIMANT'S COUNSEL. (a) An...

Section 408.222. Attorney's Fees Paid to Defense Counsel - Sec. 408.222. ATTORNEY'S FEES PAID TO DEFENSE COUNSEL. (a) The...

Chapter 409 - Compensation Procedures

Subchapter A. Injury Reports, Claims, and Records

Section 409.001. Notice of Injury to Employer - Sec. 409.001. NOTICE OF INJURY TO EMPLOYER. (a) An employee...

Section 409.002. Failure to File Notice of Injury - Sec. 409.002. FAILURE TO FILE NOTICE OF INJURY. Failure to...

Section 409.003. Claim for Compensation - Sec. 409.003. CLAIM FOR COMPENSATION. An employee or a person...

Section 409.004. Effect of Failure to File Claim for Compensation - Sec. 409.004. EFFECT OF FAILURE TO FILE CLAIM FOR COMPENSATION....

Section 409.005. Report of Injury; Modified Duty Program Notice; Administrative Violation - Sec. 409.005. REPORT OF INJURY; MODIFIED DUTY PROGRAM NOTICE; ADMINISTRATIVE...

Section 409.006. Record of Injuries; Administrative Violation - Sec. 409.006. RECORD OF INJURIES; ADMINISTRATIVE VIOLATION. (a) An employer...

Section 409.007. Death Benefit Claims - Sec. 409.007. DEATH BENEFIT CLAIMS. (a) A person must file...

Section 409.008. Failure to File Employer Report of Injury; Limitations Tolled - Sec. 409.008. FAILURE TO FILE EMPLOYER REPORT OF INJURY; LIMITATIONS...

Section 409.009. Subclaims - Sec. 409.009. SUBCLAIMS. A person may file a written claim...

Section 409.0091. Reimbursement Procedures for Certain Entities - Sec. 409.0091. REIMBURSEMENT PROCEDURES FOR CERTAIN ENTITIES. (a) In this...

Section 409.0092. Health Care Reimbursement Procedures for Certain Injured Employees - Sec. 409.0092. HEALTH CARE REIMBURSEMENT PROCEDURES FOR CERTAIN INJURED EMPLOYEES....

Section 409.010. Information Provided to Employee or Legal Beneficiary - Sec. 409.010. INFORMATION PROVIDED TO EMPLOYEE OR LEGAL BENEFICIARY. Immediately...

Section 409.011. Information Provided to Employer; Employer's Rights - Sec. 409.011. INFORMATION PROVIDED TO EMPLOYER; EMPLOYER'S RIGHTS. (a) Immediately...

Section 409.012. Vocational Rehabilitation Information - Sec. 409.012. VOCATIONAL REHABILITATION INFORMATION. (a) The division shall analyze...

Section 409.013. Plain Language Information; Notification of Injured Employee - Sec. 409.013. PLAIN LANGUAGE INFORMATION; NOTIFICATION OF INJURED EMPLOYEE. (a)...

Subchapter B. Payment of Benefits

Section 409.021. Initiation of Benefits; Insurance Carrier's Refusal; Administrative Violation - Sec. 409.021. INITIATION OF BENEFITS; INSURANCE CARRIER'S REFUSAL; ADMINISTRATIVE VIOLATION....

Section 409.022. Refusal to Pay Benefits; Notice; Administrative Violation - Sec. 409.022. REFUSAL TO PAY BENEFITS; NOTICE; ADMINISTRATIVE VIOLATION. (a)...

Section 409.023. Payment of Benefits; Administrative Violation - Sec. 409.023. PAYMENT OF BENEFITS; ADMINISTRATIVE VIOLATION. (a) An insurance...

Section 409.0231. Payment by Electronic Funds Transfer - Sec. 409.0231. PAYMENT BY ELECTRONIC FUNDS TRANSFER. (a) An insurance...

Section 409.0232. Timeliness of Payments - Sec. 409.0232. TIMELINESS OF PAYMENTS. An insurance carrier is considered...

Section 409.024. Termination or Reduction of Benefits; Notice; Administrative Violation - Sec. 409.024. TERMINATION OR REDUCTION OF BENEFITS; NOTICE; ADMINISTRATIVE VIOLATION....

Chapter 410 - Adjudication of Disputes

Subchapter A. General Provisions

Section 410.002. Law Governing Liability Proceedings - Sec. 410.002. LAW GOVERNING LIABILITY PROCEEDINGS. A proceeding before the...

Section 410.003. Application of Administrative Procedure and Texas Register Act - Sec. 410.003. APPLICATION OF ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT....

Section 410.005. Conducting Administrative Proceedings - Sec. 410.005. CONDUCTING ADMINISTRATIVE PROCEEDINGS. (a) Unless the division determines...

Section 410.006. Representation at Administrative Proceedings - Sec. 410.006. REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS. (a) A claimant may...

Section 410.007. Information List - Sec. 410.007. INFORMATION LIST. (a) The division shall determine the...

Subchapter B. Benefit Review Conference

Section 410.021. Purpose - Sec. 410.021. PURPOSE. A benefit review conference is a nonadversarial,...

Section 410.022. Benefit Review Officers; Qualifications - Sec. 410.022. BENEFIT REVIEW OFFICERS; QUALIFICATIONS. (a) A benefit review...

Section 410.023. Request for Benefit Review Conference - Sec. 410.023. REQUEST FOR BENEFIT REVIEW CONFERENCE. (a) On receipt...

Section 410.024. Benefit Review Conference as Prerequisite to Further Proceedings on Certain Claims - Sec. 410.024. BENEFIT REVIEW CONFERENCE AS PREREQUISITE TO FURTHER PROCEEDINGS...

Section 410.025. Scheduling of Benefit Review Conference; Notice - Sec. 410.025. SCHEDULING OF BENEFIT REVIEW CONFERENCE; NOTICE. (a) The...

Section 410.026. Powers and Duties of Benefit Review Officer - Sec. 410.026. POWERS AND DUTIES OF BENEFIT REVIEW OFFICER. (a)...

Section 410.027. Rules - Sec. 410.027. RULES. (a) The commissioner shall adopt rules for...

Section 410.028. Failure to Attend; Administrative Violation - Sec. 410.028. FAILURE TO ATTEND; ADMINISTRATIVE VIOLATION. (a) A scheduled...

Section 410.029. Resolution at Benefit Review Conference; Written Agreement - Sec. 410.029. RESOLUTION AT BENEFIT REVIEW CONFERENCE; WRITTEN AGREEMENT. (a)...

Section 410.030. Binding Effect of Agreement - Sec. 410.030. BINDING EFFECT OF AGREEMENT. (a) An agreement signed...

Section 410.031. Incomplete Resolution; Report - Sec. 410.031. INCOMPLETE RESOLUTION; REPORT. (a) If a dispute is...

Section 410.032. Payment of Benefits Under Interlocutory Order - Text of section as amended by Acts 2007, 80th Leg.,...

Section 410.033. Multiple Carriers - Sec. 410.033. MULTIPLE CARRIERS. (a) If there is a dispute...

Section 410.034. Filing of Agreement and Report - Sec. 410.034. FILING OF AGREEMENT AND REPORT. (a) The benefit...

Subchapter C. Arbitration

Section 410.101. Purpose - Sec. 410.101. PURPOSE. The purpose of arbitration is to: (1)...

Section 410.102. Arbitrators; Qualifications - Sec. 410.102. ARBITRATORS; QUALIFICATIONS. (a) An arbitrator must be an...

Section 410.103. Duties of Arbitrator - Sec. 410.103. DUTIES OF ARBITRATOR. An arbitrator shall: (1) protect...

Section 410.104. Election of Arbitration; Effect - Sec. 410.104. ELECTION OF ARBITRATION; EFFECT. (a) If issues remain...

Section 410.105. Lists of Arbitrators - Sec. 410.105. LISTS OF ARBITRATORS. (a) The division shall establish...

Section 410.106. Selection of Arbitrator - Sec. 410.106. SELECTION OF ARBITRATOR. The division shall assign the...

Section 410.107. Assignment of Arbitrator - Sec. 410.107. ASSIGNMENT OF ARBITRATOR. (a) The division shall assign...

Section 410.108. Rejection of Arbitrator - Sec. 410.108. REJECTION OF ARBITRATOR. (a) Each party is entitled,...

Section 410.109. Scheduling of Arbitration - Sec. 410.109. SCHEDULING OF ARBITRATION. (a) The arbitrator shall schedule...

Section 410.110. Continuance - Sec. 410.110. CONTINUANCE. (a) A request by a party for...

Section 410.111. Rules - Sec. 410.111. RULES. The commissioner shall adopt rules for arbitration...

Section 410.112. Exchange and Filing of Information; Administrative Violation - Sec. 410.112. EXCHANGE AND FILING OF INFORMATION; ADMINISTRATIVE VIOLATION. (a)...

Section 410.113. Duties of Parties at Arbitration; Attendance; Administrative Violation - Sec. 410.113. DUTIES OF PARTIES AT ARBITRATION; ATTENDANCE; ADMINISTRATIVE VIOLATION....

Section 410.114. Testimony; Record - Sec. 410.114. TESTIMONY; RECORD. (a) The arbitrator may require witnesses...

Section 410.115. Evidence - Sec. 410.115. EVIDENCE. (a) The parties may offer evidence as...

Section 410.116. Closing Statements; Briefs - Sec. 410.116. CLOSING STATEMENTS; BRIEFS. The parties may present closing...

Section 410.117. Ex Parte Contacts Prohibited - Sec. 410.117. EX PARTE CONTACTS PROHIBITED. A party and an...

Section 410.118. Award - Sec. 410.118. AWARD. (a) The arbitrator shall enter the arbitrator's...

Section 410.119. Effect of Award - Sec. 410.119. EFFECT OF AWARD. (a) An arbitrator's award is...

Section 410.120. Clerical Error - Sec. 410.120. CLERICAL ERROR. For the purpose of correcting a...

Section 410.121. Court Vacating Award - Sec. 410.121. COURT VACATING AWARD. (a) On application of an...

Subchapter D. Contested Case Hearing

Section 410.151. Contested Case Hearing; Scope - Sec. 410.151. CONTESTED CASE HEARING; SCOPE. (a) If arbitration is...

Section 410.152. Administrative Law Judges; Qualifications - Sec. 410.152. ADMINISTRATIVE LAW JUDGES; QUALIFICATIONS. (a) An administrative law...

Section 410.153. Application of Administrative Procedure Act - Sec. 410.153. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. Chapter 2001, Government...

Section 410.154. Scheduling of Hearing - Sec. 410.154. SCHEDULING OF HEARING. The division shall schedule a...

Section 410.155. Continuance - Sec. 410.155. CONTINUANCE. (a) A written request by a party...

Section 410.156. Attendance Required; Administrative Violation - Sec. 410.156. ATTENDANCE REQUIRED; ADMINISTRATIVE VIOLATION. (a) Each party shall...

Section 410.157. Rules - Sec. 410.157. RULES. The commissioner shall adopt rules governing procedures...

Section 410.158. Discovery - Sec. 410.158. DISCOVERY. (a) Except as provided by Section 410.162,...

Section 410.159. Standard Interrogatories - Sec. 410.159. STANDARD INTERROGATORIES. (a) The commissioner by rule shall...

Section 410.160. Exchange of Information - Sec. 410.160. EXCHANGE OF INFORMATION. Within the time prescribed by...

Section 410.161. Failure to Disclose Information - Sec. 410.161. FAILURE TO DISCLOSE INFORMATION. A party who fails...

Section 410.162. Additional Discovery - Sec. 410.162. ADDITIONAL DISCOVERY. For good cause shown, a party...

Section 410.163. Powers and Duties of Administrative Law Judge - Sec. 410.163. POWERS AND DUTIES OF ADMINISTRATIVE LAW JUDGE. (a)...

Section 410.164. Record - Sec. 410.164. RECORD. (a) The proceedings of a contested case...

Section 410.165. Evidence - Sec. 410.165. EVIDENCE. (a) The administrative law judge is the...

Section 410.166. Stipulations - Sec. 410.166. STIPULATIONS. A written stipulation or agreement of the...

Section 410.167. Ex Parte Contacts Prohibited - Sec. 410.167. EX PARTE CONTACTS PROHIBITED. A party and an...

Section 410.168. Decision - Sec. 410.168. DECISION. (a) The administrative law judge shall issue...

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Texas Statutes Labor Code Title 5 - Workers' Compensation

Texas Statutes
Labor Code
Title 5 - Workers' Compensation