Sec. 402.088. REPORT OF PRIOR INJURY. (a) On receipt of a valid request made under and complying with Section 402.087, the division shall review its records.
(b) If the division finds that the applicant has made two or more general injury claims in the preceding five years, the division shall release the date and description of each injury to the employer.
(c) The information may be released in writing or by telephone.
(d) If the employer requests information on three or more applicants at the same time, the division may refuse to release information until it receives the written authorization from each applicant.
(e) In this section, "general injury" means an injury other than an injury limited to one or more of the following:
(1) an injury to a digit, limb, or member;
(2) an inguinal hernia; or
(3) vision or hearing loss.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.024, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 402 - Operation and Administration of Workers' Compensation System
Subchapter E. Records and Employee Information
Section 402.081. Division Records
Section 402.082. Injury Information Maintained by Division
Section 402.083. Confidentiality of Injury Information
Section 402.084. Record Check; Release of Information
Section 402.085. Exceptions to Confidentiality
Section 402.086. Transfer of Confidentiality
Section 402.087. Information Available to Prospective Employers
Section 402.088. Report of Prior Injury
Section 402.089. Failure to File Authorization
Section 402.090. Statistical Information
Section 402.091. Failure to Maintain Confidentiality; Offense; Penalty
Section 402.092. Investigation Files Confidential; Disclosure of Certain Information