GQ Corner
Q. The injured employee was recruited and hired in Texas and resides in Texas. Three months after the date of hire, the injured employee was injured in Oklahoma. Could this injury be deemed compensable as a Texas claim?
A. Yes. Texas Labor Code section 406.071 states that an injured employee who was injured outside of Texas would be covered in Texas if:
(1) The injury would have been compensable in Texas, and
(2) The injured employee has significant contacts with the state of Texas or the employment is principally located in TX.
And the injured employee has significant contacts if he was hired or recruited in TX AND:
(1) Was injured within one year of date of hire; OR
(2) Worked in Texas for at least 10 working days in the 12 months preceding the date of injury.
In this case, if the injury would have been compensable in Texas, then this employee would be covered under Texas jurisdiction because he was injured within one year of his date of hire.
Q. I am adjusting a claim where an attorney has called me to request copies of all PLNs filed on the injured employee’s claim. The attorney refuses to send me a letter of representation. Can I force the attorney to send me a letter of representation before I send copies of the PLNs?
A. No. The attorney has no obligation to send you a copy of a letter of representation. The attorney’s obligations are satisfied by completion and filing of the notification with the division as provided in Rule 150.2(b). A carrier has a separate and independent obligation to send, by fax or email, a copy of all PLNs to an attorney who has complied with Rule 150.2(b). A carrier is not relieved of such obligation due to the failure or refusal of the attorney to send a copy of a letter of representation to the carrier. Thus, in order to ensure compliance with the carrier’s own obligation, you should contact the Division directly to determine whether the notice of representation has been completed and filed with the agency.
FOLIO
