Three Bills on a Fast Track to Becoming Law
On Monday, April 3, 2017, the House Committee on Business & Industry voted three workers’ compensation bills on to the full house. The bills had previously been considered by the committee during a public hearing held on March 27, 2107 and were, at that time, left pending.
All three bills are supported by the Division or the Office of Injured Employee Counsel. They have been placed on a calendar that should result in swift passage by the full house.
HB 2060, by Rep. René O. Oliveira, relating to the eligibility requirements for employment as an ombudsman of the OIEC was voted out of committee and referred to the House Local & Consent Calendar.
Texas Labor Code §404.152 requires an ombudsman to have at least one year of experience in workers’ compensation. The bill amends the statute to eliminate the one year experience requirement.
OIEC recommended the change in its 2016 Biennial Report to the Legislature. OIEC argued that prior workers’ compensation experience is far less important than strong training in finding and keeping good ombudsmen. The agency is currently experiencing problems finding and keeping qualified ombudsmen. It argues that easing the hiring requirements will result in better customer service by allowing the open positions to be filled more easily.
HB 2111, by Rep. Romero, relating to changing statutory references to hearing officer and hearings officer to administrative law judge under the workers’ compensation system as voted out of committee and referred to the House Local & Consent Calendar. The Division has recommended the changes in this bill in its 2016 Biennial Report to the Legislature.
If a dispute arises on a claim, DWC may resolve the dispute through its multi-tiered administrative dispute resolution process, which includes benefit review conferences, contested case hearings, and a review by the appeals panel. All presiding officers in a DWC contested case hearing must be licensed attorneys. Those presiding officers are currently classified as “administrative law judges” based on state employee classification titles established by the Texas State Auditor’s Office. However, the Act refers to these presiding officers as “hearing officers” not “administrative law judges.”
Supporters of the bill argue that the term “administrative law judge” more accurately connotes that these presiding officers are licensed attorneys. They contend that most similar positions in other state workers’ compensation systems, as well as at other Texas agencies, are referred to as “administrative law judges.” Supporters maintain that replacing the term “hearing officer” with “administrative law judge” will clarify these presiding officers’ responsibilities with DWC contested case hearings; align DWC presiding officer titles with similar positions in other states; and assist DWC in its efforts to recruit and retain qualified candidates for these positions.
HB 2112, by Rep. Romero, relating to certain workers’ compensation reporting requirements was voted out of committee and referred to the House Local & Consent Calendar.
The Division has recommended the changes in this bill in its 2016 Biennial Report to the Legislature. There, the agency observed that the Act currently requires that DWC produce certain onetime legislative reports or perform certain reporting functions that are no longer necessary.
Some of the required reports have been completed. Other reporting functions are obsolete and create inefficiencies for system stakeholders. Supporters of the legislation argue that eliminating obsolete reporting requirements will help clarify DWC’s statutory responsibilities and allow system stakeholders to reallocate resources to more meaningful obligations.
The bill would also revise a number of statutory provisions to allow the Division to use electronic transmission for the receipt or delivery of certain information to system stakeholders.
FOLIO
