reglab/housing_qa huggingface dataset:
TX Lab Code § 409.012 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.012. Vocational Rehabilitation Information

Sec. 409.012.  VOCATIONAL REHABILITATION INFORMATION.  (a)  The division shall analyze each report of injury received from an employer under this chapter to determine whether the injured employee would be assisted by vocational rehabilitation.(b)  If the division determines that an injured employee would be assisted by vocational rehabilitation, the division shall notify:(1)  the injured employee in writing of the services and facilities available through the Texas Workforce Commission and private providers of vocational rehabilitation; and(2)  the Texas Workforce Commission that the injured employee has been identified as one who could be assisted by vocational rehabilitation.(c)  The division shall cooperate with the office of injured employee counsel, the Texas Workforce Commission, and private providers of vocational rehabilitation in the provision of services and facilities to employees by the Texas Workforce Commission.(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(6), eff. June 9, 2017.(e)  The commissioner by rule may require that a private provider of vocational rehabilitation services maintain certain credentials and qualifications in order to provide services in connection with a workers' compensation insurance claim.(f)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(127), eff. June 17, 2011.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 956, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.143, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(127), eff. June 17, 2011.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 9, eff. June 9, 2017.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(6), eff. June 9, 2017.|
TX Lab Code § 409.013 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter A. Injury Reports, Claims, and Records|Section 409.013. Plain Language Information; Notification of Injured Employee

Sec. 409.013.  PLAIN LANGUAGE INFORMATION; NOTIFICATION OF INJURED EMPLOYEE.  (a)  The division shall develop information for public dissemination about the benefit process and the compensation procedures established under this chapter.  The information must be written in plain language and must be available in English and Spanish.(b)  On receipt of a report under Section 409.005, the division shall:(1)  contact the affected employee; and(2)  provide the information required under Subsection (a) to that employee, together with any other information that may be prepared by the office of injured employee counsel or the division for public dissemination that relates to the employee's situation, such as information relating to back injuries or occupational diseases.|Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.30, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.144, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 10, eff. June 9, 2017.|
TX Lab Code § 409.022 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter B. Payment of Benefits|Section 409.022. Refusal to Pay Benefits; Notice; Administrative Violation

Sec. 409.022.  REFUSAL TO PAY BENEFITS;  NOTICE;  ADMINISTRATIVE VIOLATION.  (a)  An insurance carrier's notice of refusal to pay benefits under Section 409.021 must specify the grounds for the refusal.(b)  The grounds for the refusal specified in the notice constitute the only basis for the insurance carrier's defense on the issue of compensability in a subsequent proceeding, unless the defense is based on newly discovered evidence that could not reasonably have been discovered at an earlier date.(c)  An insurance carrier commits an administrative violation if the insurance carrier does not have reasonable grounds for a refusal to pay benefits, as determined by the commissioner.(d)  In this subsection, the terms "custodial officer," "detention officer," "emergency medical technician," "firefighter," and "peace officer" have the meanings assigned by Section 607.051, Government Code.  In addition to the other requirements of this section, if an insurance carrier's notice of refusal to pay benefits under Section 409.021 is sent in response to a claim for compensation resulting from a custodial officer's, a detention officer's, an emergency medical technician's, a firefighter's, or a peace officer's disability or death for which a presumption is claimed to be applicable under Subchapter B, Chapter 607, Government Code, the notice must include a statement by the carrier that:(1)  explains why the carrier determined a presumption under that subchapter does not apply to the claim for compensation; and(2)  describes the evidence that the carrier reviewed in making the determination described by Subdivision (1).(d-1)  An insurance carrier has not committed an administrative violation under Section 409.021 if the carrier has sent notice to the employee as required by Subsection (d) of this section or Section 409.021(a-3).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.146, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 224 (H.B. 1388), Sec. 2, eff. May 29, 2015.Acts 2019, 86th Leg., R.S., Ch. 701 (S.B. 2551), Sec. 4, eff. June 10, 2019.Acts 2019, 86th Leg., R.S., Ch. 993 (S.B. 1582), Sec. 9, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 505 (S.B. 22), Sec. 9, eff. June 14, 2021.|
TX Lab Code § 409.023 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter B. Payment of Benefits|Section 409.023. Payment of Benefits; Administrative Violation

Sec. 409.023.  PAYMENT OF BENEFITS;  ADMINISTRATIVE VIOLATION.  (a)  An insurance carrier shall continue to pay benefits promptly as and when the benefits accrue without a final decision, order, or other action of the commissioner, except as otherwise provided.(b)  Benefits shall be paid solely to the order of the employee or the employee's legal beneficiary.(c)  An insurance carrier commits an administrative violation if the insurance carrier fails to comply with this section. (d)  An insurance carrier that commits multiple violations of this section commits an additional administrative violation and is subject to:(1)  the sanctions provided under Section 415.023; and(2)  revocation of the right to do business under the workers' compensation laws of this state.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.147, eff. September 1, 2005.|
TX Lab Code § 409.0231 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter B. Payment of Benefits|Section 409.0231. Payment by Electronic Funds Transfer

Sec. 409.0231.  PAYMENT BY ELECTRONIC FUNDS TRANSFER.  (a)  An insurance carrier shall offer employees entitled to the payment of benefits for a period of sufficient duration the option of receiving the payments by electronic funds transfer.  The insurance carrier shall provide the necessary forms to an employee who requests that benefits be paid by electronic funds transfer.(b)  The commissioner shall adopt rules in consultation with the Texas Department of Information Resources as necessary to implement this section, including rules prescribing a period of benefits that is of sufficient duration to allow payment by electronic funds transfer.|Added by Acts 1999, 76th Leg., ch. 690, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.148, eff. September 1, 2005.|
TX Lab Code § 409.0232 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter B. Payment of Benefits|Section 409.0232. Timeliness of Payments

Sec. 409.0232.  TIMELINESS OF PAYMENTS.  An insurance carrier is considered to have paid benefits in a timely manner if a payment:(1)  is made by electronic funds transfer and is deposited in the employee's account on or before the benefit payment due date;(2)  is made by mail and is mailed in time for the payment to be postmarked on or before the benefit payment due date;  or(3)  is to be picked up by the employee and the payment is made available to the employee during regular business hours not later than the opening of business on the benefit payment due date.|Added by Acts 1999, 76th Leg., ch. 690, Sec. 1, eff. June 18, 1999.|
TX Lab Code § 409.024 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 409 - Compensation Procedures|Subchapter B. Payment of Benefits|Section 409.024. Termination or Reduction of Benefits; Notice; Administrative Violation

Sec. 409.024.  TERMINATION OR REDUCTION OF BENEFITS; NOTICE; ADMINISTRATIVE VIOLATION.  (a)  An insurance carrier shall file with the division a notice of termination or reduction of benefits, including the reasons for the termination or reduction, not later than the 10th day after the date on which benefits are terminated or reduced.(b)  An insurance carrier commits an administrative violation if the insurance carrier does not have reasonable grounds to terminate or reduce benefits, as determined by the commissioner.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.149, eff. September 1, 2005.|
TX Lab Code § 410.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|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 division to determine the liability of an insurance carrier for compensation for an injury or death under this subtitle is governed by this chapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.150, eff. September 1, 2005.|
TX Lab Code § 410.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter A. General Provisions|Section 410.003. Application of Administrative Procedure and Texas Register Act

Sec. 410.003.  APPLICATION OF ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT.  Except as otherwise provided by this chapter, Chapter 2001, Government Code does not apply to a proceeding under this chapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Lab Code § 410.005 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter A. General Provisions|Section 410.005. Conducting Administrative Proceedings

Sec. 410.005.  CONDUCTING ADMINISTRATIVE PROCEEDINGS.  (a)  Unless the division determines that good cause exists for the selection of a different location, a contested case hearing may not be conducted at a site more than 75 miles from the claimant's residence at the time of the injury.(b)  Unless the assigned arbitrator determines that good cause exists for the selection of a different location, arbitration may not be conducted at a site more than 75 miles from the claimant's residence at the time of the injury.(c)  All appeals panel proceedings shall be conducted in Travis County.(d)  The division may conduct a benefit review conference:(1)  telephonically;(2)  by videoconference; or(3)  in person, on showing of good cause as determined by the division.(e)  Unless the division determines that good cause exists for the selection of a different location, a benefit review conference conducted in person under Subsection (d)(3) may not be conducted at a site more than 75 miles from the claimant's residence at the time of the injury.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.151, eff. September 1, 2005.Acts 2021, 87th Leg., R.S., Ch. 261 (H.B. 1752), Sec. 1, eff. June 4, 2021.Acts 2021, 87th Leg., R.S., Ch. 261 (H.B. 1752), Sec. 2, eff. June 4, 2021.|
TX Lab Code § 410.006 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter A. General Provisions|Section 410.006. Representation at Administrative Proceedings

Sec. 410.006.  REPRESENTATION AT ADMINISTRATIVE PROCEEDINGS.  (a)  A claimant may be represented at a benefit review conference, a contested case hearing, or arbitration by an attorney or may be assisted by an individual of the claimant's choice who does not work for an attorney or receive a fee.  An employee of an attorney may represent a claimant if that employee:(1)  is a relative of the claimant;  and(2)  does not receive a fee.(b)  An insurance carrier may be represented by an attorney or adjuster.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 410.007 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter A. General Provisions|Section 410.007. Information List

Sec. 410.007.  INFORMATION LIST.  (a)  The division shall determine the type of information that is most useful to parties to help resolve disputes regarding income benefits. That information may include:(1)  reports regarding the compensable injury;(2)  medical information regarding the injured employee; and(3)  wage records.(b)  The division shall publish a list developed from the information described under Subsection (a) in appropriate media, including the division's Internet website, to provide guidance to a party to a dispute regarding the type of information the party should have available at a benefit review conference or a contested case hearing.(c)  At the time a benefit review conference or contested case hearing is scheduled, the division shall make available a copy of the list developed under Subsection (b) to each party to the dispute.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.152, eff. September 1, 2005.|
TX Lab Code § 410.021 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|Section 410.021. Purpose

Sec. 410.021.  PURPOSE.  A benefit review conference is a nonadversarial, informal dispute resolution proceeding designed to:(1)  explain, orally and in writing, the rights of the respective parties to a workers' compensation claim and the procedures necessary to protect those rights;(2)  discuss the facts of the claim, review available information in order to evaluate the claim, and delineate the disputed issues; and(3)  mediate and resolve disputed issues by agreement of the parties in accordance with this subtitle and the policies of the division.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.153, eff. September 1, 2005.|
TX Lab Code § 410.022 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|Section 410.022. Benefit Review Officers; Qualifications

Sec. 410.022.  BENEFIT REVIEW OFFICERS;  QUALIFICATIONS.  (a)  A benefit review officer shall conduct a benefit review conference.(b)  A benefit review officer must:(1)  be an employee of the division;(2)  be trained in the principles and procedures of dispute mediation; and(3)  have documentation satisfactory to the commissioner that evidences the completion by the officer of at least 40 classroom hours of training in dispute resolution techniques from an alternative dispute resolution organization recognized by the commissioner.(c)  The division shall institute and maintain an education and training program for benefit review officers and shall consult or contract with the Federal Mediation and Conciliation Service or other appropriate organizations for this purpose.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.154, eff. September 1, 2005.|
TX Lab Code § 410.023 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|Section 410.023. Request for Benefit Review Conference

Sec. 410.023.  REQUEST FOR BENEFIT REVIEW CONFERENCE.  (a)  On receipt of a request from a party or on its own motion, the division may direct the parties to a disputed workers' compensation claim to meet in a benefit review conference to attempt to reach agreement on disputed issues involved in the claim.(b)  The division shall require the party requesting the benefit review conference to provide documentation of efforts made to resolve the disputed issues before the request was submitted.(c)  The commissioner by rule shall:(1)  adopt guidelines regarding the type of information necessary to satisfy the requirements of Subsection (b); and(2)  establish a process through which the division evaluates the sufficiency of the documentation provided under Subsection (b).(d)  The division may deny a request for a benefit review conference if the party requesting the benefit review conference does not provide the documentation required under Subsection (b).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.155, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 14, eff. September 1, 2011.|
TX Lab Code § 410.024 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|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 ON CERTAIN CLAIMS.  (a)  Except as otherwise provided by law or commissioner rule, the parties to a disputed compensation claim are not entitled to a contested case hearing or arbitration on the claim unless a benefit review conference is conducted as provided by this subchapter.(b)  The commissioner by rule shall adopt guidelines relating to claims that do not require a benefit review conference and may proceed directly to a contested case hearing or arbitration.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.156, eff. September 1, 2005.|
TX Lab Code § 410.025 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|Section 410.025. Scheduling of Benefit Review Conference; Notice

Sec. 410.025.  SCHEDULING OF BENEFIT REVIEW CONFERENCE; NOTICE.  (a)  The commissioner by rule shall prescribe the time within which a benefit review conference must be scheduled.(b)  The division shall schedule a contested case hearing to be held not later than the 60th day after the date of the benefit review conference if the disputed issues are not resolved at the benefit review conference.(c)  The division shall send written notice of the benefit review conference to the parties to the claim and the employer.(d)  The commissioner by rule shall provide for expedited proceedings in cases in which compensability or liability for essential medical treatment is in dispute.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.157, eff. September 1, 2005.|
TX Lab Code § 410.026 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|Section 410.026. Powers and Duties of Benefit Review Officer

Sec. 410.026.  POWERS AND DUTIES OF BENEFIT REVIEW OFFICER.  (a)  A benefit review officer shall:(1)  mediate disputes between the parties and assist in the adjustment of the claim consistent with this subtitle and the policies of the division;(2)  thoroughly inform all parties of their rights and responsibilities under this subtitle, especially in a case in which the employee is not represented by an attorney or other representative;(3)  ensure that all documents and information relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues are contained in the claim file at the conference, especially in a case in which the employee is not represented by an attorney or other representative; and(4)  prepare a written report that details each issue that is not resolved at the benefit review conference, as required under Section 410.031, including any issue raised for the first time at the conclusion of an additional benefit review conference conducted under Subsection (b).(b)  A benefit review officer may schedule an additional  benefit review conference if:(1)  the benefit review officer determines that any available information pertinent to the resolution of disputed issues was not produced at the initial benefit review conference; and(2)  a second benefit review conference has not already been conducted.(c)  A benefit review officer may not take testimony but may direct questions to an employee, an employer, or a representative of an insurance carrier to supplement or clarify information in a claim file.(d)  A benefit review officer may not make a formal record.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.158, eff. September 1, 2005.|
TX Lab Code § 410.027 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter B. Benefit Review Conference|Section 410.027. Rules

Sec. 410.027.  RULES.  (a)  The commissioner shall adopt rules for conducting benefit review conferences.(b)  A benefit review conference is not subject to common law or statutory rules of evidence or procedure.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.159, eff. September 1, 2005.|