reglab/housing_qa huggingface dataset:
TX Lab Code § 407A.459 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|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 JOINT AND SEVERAL LIABILITY.  (a)  Each member of an insolvent group shall pay the amount of its assessment under this chapter to the commissioner not later than the 30th day after the date on which the commissioner notifies the member of the assessment.  The commissioner shall collect assessments and costs from the members of the insolvent group.(b)  The joint and several liability of the members of a group under Section 407A.056 continues and is not terminated by payment of benefits through the guaranty fund.(c)  If the guaranty fund assumes payment of benefits for compensation liabilities on behalf of an insolvent group, the guaranty fund may collect delinquent assessments and costs through suit.  Venue for a suit under this subsection is in Travis County.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.460 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.460. Payment of Benefits Through Guaranty Fund

Sec. 407A.460.  PAYMENT OF BENEFITS THROUGH GUARANTY FUND.  (a)  If the commissioner determines that the payment of benefits and claims administration shall be made through the guaranty fund, the guaranty fund assumes the workers' compensation obligations on behalf of the insolvent group and shall begin the payment of the obligations for which it is liable not later than the 30th day after the date of notification by the commissioner.(b)  The guaranty fund shall make payments to claimants whose entitlement to benefits can be ascertained by the guaranty fund.(c)  Notwithstanding Subsection (a), the guaranty fund is not liable for the payment of any penalties assessed for any act or omission on the part of any person other than the guaranty fund.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.461 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.461. Possession of Security by Guaranty Fund

Sec. 407A.461.  POSSESSION OF SECURITY BY GUARANTY FUND.  On the assumption of obligations on behalf of an insolvent group by the guaranty fund under the commissioner's determination, the guaranty fund is entitled to immediate possession of any assets of the insolvent group and any security deposited or the proceeds of any surety bond deposited by the insolvent group, along with all interest on the security.  All assessments from members of the insolvent group shall be paid to the guaranty fund.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.462 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.462. Release of Claim Information to Guaranty Fund

Sec. 407A.462.  RELEASE OF CLAIM INFORMATION TO GUARANTY FUND.  If the guaranty fund has assumed compensation obligations on behalf of an insolvent group, information on a workers' compensation claim may be released to the guaranty fund as provided by Section 402.084(a).|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.463 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.463. Guaranty Fund as Party in Interest

Sec. 407A.463.  GUARANTY FUND AS PARTY IN INTEREST.  (a)  The guaranty fund is a party in interest in a proceeding involving a workers' compensation claim against an insolvent group whose compensation obligations have been paid or assumed by the guaranty fund.(b)  The guaranty fund has the same rights and defenses as the insolvent group, including the right to:(1)  appear, defend, or appeal a claim;(2)  receive notice of, investigate, adjust, compromise, settle, or pay a claim; and(3)  investigate, handle, or deny a claim.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.464 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.464. Preferences

Sec. 407A.464.  PREFERENCES.  (a)  Benefit payments made by the guaranty fund under this subchapter are entitled to the same preference over other debts of the insolvent group as provided by law to benefit payments owed by the insolvent group to the person entitled to the benefits.(b)  The guaranty fund has the priority status provided by Section 8, Article 21.28, Insurance Code.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 407A.465 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 407A - Group Self-Insurance Coverage|Subchapter J. Texas Self-Insurance Group Guaranty Fund|Section 407A.465. Special Fund

Sec. 407A.465.  SPECIAL FUND.  Monies advanced by the association under this chapter do not become assets of the insolvent group but constitute a special fund advanced to the commissioner, receiver, or other statutory successor only for the payment of compensation liabilities, including the costs of claim administration and legal costs.|Added by Acts 2005, 79th Leg., Ch. 1055 (H.B. 1353), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 408.001 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|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' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.(b)  This section does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer's gross negligence.(c)  In this section, "gross negligence" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.(d)  A determination under Section 406.032, 409.002, or 409.004 that a work-related injury is noncompensable does not adversely affect the exclusive remedy provisions under Subsection (a).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.077, eff. September 1, 2005.|
TX Lab Code § 408.002 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.002. Survival of Cause of Action

Sec. 408.002.  SURVIVAL OF CAUSE OF ACTION.  A right of action survives in a case based on a compensable injury that results in the employee's death.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1991.|
TX Lab Code § 408.003 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.003. Reimbursable Employer Payments; Salary Continuation; Offset Against Income Benefits; Limits

Sec. 408.003.  REIMBURSABLE EMPLOYER PAYMENTS;  SALARY CONTINUATION;  OFFSET AGAINST INCOME BENEFITS;  LIMITS.  (a)  After an injury, an employer may:(1)  initiate benefit payments, including medical benefits;  or(2)  on the written request or agreement of the employee, supplement income benefits paid by the insurance carrier by an amount that does not exceed the amount computed by subtracting the amount of the income benefit payments from the employee's net preinjury wages.(b)  If an injury is found to be compensable and an insurance carrier initiates compensation, the insurance carrier shall reimburse the employer for the amount of benefits paid by the employer to which the employee was entitled under this subtitle.  Payments that are not reimbursed or reimbursable under this section may be reimbursed under Section 408.127.(c)  The employer shall notify the division and the insurance carrier on forms prescribed by the commissioner of the initiation of and amount of payments made under this section.(d)  Employer payments made under this section:(1)  may not be construed as an admission of compensability;  and(2)  do not affect the payment of benefits from another source.(e)  If an employer does not notify the insurance carrier of the injury in compliance with Section 409.005, the employer waives the right to reimbursement under this section.(f)  Salary continuation payments made by an employer for an employee's disability resulting from a compensable injury shall be considered payment of income benefits for the purpose of determining the accrual date of any subsequent income benefits under this subtitle.(g)  If an employer is subject to a contractual obligation with an employee or group of employees, such as a collective bargaining agreement or a written agreement or policy, under which the employer is required to make salary continuation payments, the employer is not eligible for reimbursement under this section for those payments.(h)  Payments made as salary continuation or salary supplementation do not affect the exclusive remedy provisions of Section 408.001.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 954, Sec. 5, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1003, Sec. 1, 2, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.078, eff. September 1, 2005.|
TX Lab Code § 408.0042 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.0042. Medical Examination by Treating Doctor to Define Compensable Injury

Sec. 408.0042.  MEDICAL EXAMINATION BY TREATING DOCTOR TO DEFINE COMPENSABLE INJURY.  (a)  The division shall require an injured employee to submit to a single medical examination to define the compensable injury on request by the insurance carrier.(b)  A medical examination under this section shall be performed by the employee's treating doctor.  The insurance carrier shall pay the costs of the examination.(c)  After the medical examination is performed, the treating doctor shall submit to the insurance carrier a report that details all injuries and diagnoses related to the compensable injury, on receipt of which the insurance carrier shall:(1)  accept all injuries and diagnoses as related to the compensable injury; or(2)  dispute the determination of specific injuries and diagnoses.(d)  Any treatment for an injury or diagnosis that is not accepted by the insurance carrier under Subsection (c) as compensable at the time of the medical examination under Subsection (a) must be preauthorized before treatment is rendered. If the insurance carrier denies preauthorization because the treatment is for an injury or diagnosis unrelated to the compensable injury, the injured employee or affected health care provider may file an extent of injury dispute.(e)  Any treatment for an injury or diagnosis that is accepted by the insurance carrier under Subsection (c) as compensable at the time of the medical examination under Subsection (a) may not be reviewed for compensability, but may be reviewed for medical necessity.(f)  The commissioner may adopt rules relating to requirements for a report under this section, including requirements regarding the contents of a report.(g)  This section does not limit an injured employee or insurance carrier's ability to request an examination under Section 408.004 or 408.0041, as provided by those sections.|Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.0805, eff. September 1, 2005.|
TX Lab Code § 408.0043 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.0043. Professional Specialty Certification Required for Certain Review

Sec. 408.0043.  PROFESSIONAL SPECIALTY CERTIFICATION REQUIRED FOR CERTAIN REVIEW.  (a)  This section applies to a person, other than a chiropractor or a dentist, who performs health care services under this title as:(1)  a doctor performing peer review;(2)  a doctor performing a utilization review of a health care service provided to an injured employee;(3)  a doctor performing an independent review of a health care service provided to an injured employee;(4)  a designated doctor;(5)  a doctor performing a required medical examination; or(6)  a doctor serving as a member of the medical quality review panel.(b)  A person described by Subsection (a) who reviews a specific workers' compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.(c)  Notwithstanding Subsection (b), if a health care service is requested, ordered, provided, or to be provided by a physician, a person described by Subsection (a)(1), (2), or (3) who reviews the service with respect to a specific workers' compensation case must be of the same or a similar specialty as that physician.|Added by Acts 2007, 80th Leg., R.S., Ch. 1218 (H.B. 2004), Sec. 1, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1330 (H.B. 4290), Sec. 14, eff. September 1, 2009.Acts 2019, 86th Leg., R.S., Ch. 1218 (S.B. 1742), Sec. 3.10, eff. September 1, 2019.|
TX Lab Code § 408.0044 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.0044. Review of Dental Services

Sec. 408.0044.  REVIEW OF DENTAL SERVICES.  (a)  This section applies to a dentist who performs dental services under this title as:(1)  a doctor performing peer review of dental services;(2)  a doctor performing a utilization review of a dental service provided to an injured employee;(3)  a doctor performing an independent review of a dental service provided to an injured employee; or(4)  a doctor performing a required dental examination.(b)  A person described by Subsection (a) who reviews a dental service provided in conjunction with a specific workers' compensation case must be licensed to practice dentistry.|Added by Acts 2007, 80th Leg., R.S., Ch. 1218 (H.B. 2004), Sec. 1, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1330 (H.B. 4290), Sec. 15, eff. September 1, 2009.|
TX Lab Code § 408.0045 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.0045. Review of Chiropractic Services

Sec. 408.0045.  REVIEW OF CHIROPRACTIC SERVICES.  (a)  This section applies to a chiropractor who performs chiropractic services under this title as:(1)  a doctor performing peer review of chiropractic services;(2)  a doctor performing a utilization review of a chiropractic service provided to an injured employee;(3)  a doctor performing an independent review of a chiropractic service provided to an injured employee;(4)  a designated doctor providing chiropractic services;(5)  a doctor performing a required medical examination; or(6)  a chiropractor serving as a member of the medical quality review panel.(b)  A person described by Subsection (a) who reviews a chiropractic service provided in conjunction with a specific workers' compensation case must be licensed to engage in the practice of chiropractic.|Added by Acts 2007, 80th Leg., R.S., Ch. 1218 (H.B. 2004), Sec. 1, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1330 (H.B. 4290), Sec. 16, eff. September 1, 2009.|
TX Lab Code § 408.0046 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.0046. Rules

Sec. 408.0046.  RULES.  The commissioner may adopt rules as necessary to determine which professional health practitioner specialties are appropriate for treatment of certain compensable injuries.  The rules adopted under this section must require an entity requesting a peer review to obtain and provide to the doctor providing peer review services all relevant and updated medical records.|Added by Acts 2007, 80th Leg., R.S., Ch. 1218 (H.B. 2004), Sec. 1, eff. September 1, 2007.|
TX Lab Code § 408.005 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.005. Settlements and Agreements

Sec. 408.005.  SETTLEMENTS AND AGREEMENTS.  (a)  A settlement may not provide for payment of benefits in a lump sum except as provided by Section 408.128.(b)  An employee's right to medical benefits as provided by Section 408.021 may not be limited or terminated.(c)  A settlement or agreement resolving an issue of impairment:(1)  may not be made before the employee reaches maximum medical improvement;  and(2)  must adopt an impairment rating using the impairment rating guidelines described by Section 408.124.(d)  A settlement must be signed by the commissioner and all parties to the dispute.(e)  The commissioner shall approve a settlement if the commissioner is satisfied that:(1)  the settlement accurately reflects the agreement between the parties;(2)  the settlement reflects adherence to all appropriate provisions of law and the policies of the division; and(3)  under the law and facts, the settlement is in the best interest of the claimant.(f)  A settlement that is not approved or rejected before the 16th day after the date the settlement is submitted to the commissioner is considered to be approved by the commissioner on that date.(g)  A settlement takes effect on the date it is approved by the commissioner.(h)  A party to a settlement may withdraw acceptance of the settlement at any time before its effective date.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.081, eff. September 1, 2005.|
TX Lab Code § 408.006 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.006. Mental Trauma Injuries

Sec. 408.006.  MENTAL TRAUMA INJURIES.  (a)  It is the express intent of the legislature that nothing in this subtitle shall be construed to limit or expand recovery in cases of mental trauma injuries.(b)  Notwithstanding Section 504.019, a mental or emotional injury that arises principally from a legitimate personnel action, including a transfer, promotion, demotion, or termination, is not a compensable injury under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2017, 85th Leg., R.S., Ch. 353 (H.B. 1983), Sec. 2, eff. September 1, 2017.|
TX Lab Code § 408.007 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.007. Date of Injury for Occupational Disease

Sec. 408.007.  DATE OF INJURY FOR OCCUPATIONAL DISEASE.  For purposes of this subtitle, the date of injury for an occupational disease is the date on which the employee knew or should have known that the disease may be related to the employment.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.008 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter A. General Provisions|Section 408.008. Compensability of Heart Attacks

Sec. 408.008.  COMPENSABILITY OF HEART ATTACKS.  A heart attack is a compensable injury under this subtitle only if:(1)  the attack can be identified as:(A)  occurring at a definite time and place;  and(B)  caused by a specific event occurring in the course and scope of the employee's employment;(2)  the preponderance of the medical evidence regarding the attack indicates that the employee's work rather than the natural progression of a preexisting heart condition or disease was a substantial contributing factor of the attack;  and(3)  the attack was not triggered solely by emotional or mental stress factors, unless it was precipitated by a sudden stimulus.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.021 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter B. Medical Benefits|Section 408.021. Entitlement to Medical Benefits

Sec. 408.021.  ENTITLEMENT TO MEDICAL BENEFITS.  (a)  An employee who sustains a compensable injury is entitled to all health care reasonably required by the nature of the injury as and when needed.  The employee is specifically entitled to health care that:(1)  cures or relieves the effects naturally resulting from the compensable injury;(2)  promotes recovery;  or(3)  enhances the ability of the employee to return to or retain employment.(b)  Medical benefits are payable from the date of the compensable injury.(c)  Except in an emergency, all health care must be approved or recommended by the employee's treating doctor.(d)  An insurance carrier's liability for medical benefits may not be limited or terminated by agreement or settlement.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|