Sec. 404.101. GENERAL DUTIES. (a) The office shall, as provided by this subtitle:
(1) provide assistance to workers' compensation claimants;
(2) advocate on behalf of injured employees as a class regarding rulemaking by the commissioner and commissioner of insurance relating to workers' compensation;
(3) assist injured employees with contacting appropriate licensing boards for complaints against a health care provider; and
(4) assist injured employees with referral to local, state, and federal financial assistance, rehabilitation, and work placement programs, as well as other social services that the office considers appropriate.
(b) The office:
(1) may assess the impact of workers' compensation laws, rules, procedures, and forms on injured employees in this state; and
(2) shall, as provided by this subtitle:
(A) monitor the performance and operation of the workers' compensation system, with a focus on the system's effect on the return to work of injured employees;
(B) assist injured employees, through the ombudsman program, with the resolution of complaints pending at the division or department;
(C) assist injured employees, through the ombudsman program, in the division's administrative dispute resolution system; and
(D) advocate in the office's own name positions determined by the public counsel to be most advantageous to a substantial number of injured employees.
(b-1) The office may seek and accept grant funding to enable the office to perform its duties under this subtitle. This subsection does not authorize the office to seek or accept payment from an injured employee.
(c) The office may not appear or intervene, as a party or otherwise, before the commissioner, commissioner of insurance, division, or department on behalf of an individual injured employee, except through the ombudsman program.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.016, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 289 (H.B. 1774), Sec. 3, eff. September 1, 2011.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 404 - Office of Injured Employee Counsel
Subchapter C. General Powers and Duties of Office
Section 404.101. General Duties
Section 404.1015. Refusal to Provide or Termination of Services
Section 404.102. General Powers and Duties of Public Counsel
Section 404.103. Operation of Ombudsman Program
Section 404.104. Authority to Appear or Intervene
Section 404.105. Authority to Assist Individual Injured Employees in Administrative Procedures
Section 404.106. Legislative Report
Section 404.107. Access to Information by Public Counsel
Section 404.108. Legislative Recommendations
Section 404.109. Injured Employee Rights; Notice
Section 404.110. Applicability to Public Counsel of Confidentiality Requirements