DWC Adopts New Rule and New Form for Work Status Reports
The Commissioner of Workers’ Compensation, Cassie Brown, has adopted a new rule and a new form dealing with the DWC-73, Work Status Reports. The adoption order deals with Rule 129.5 and was filed with the Office of the Secretary of State on October 11, 2018. It can be located in the October 26, 2018 issue of the Texas Register. When published, the adopted amendments may be viewed on the Secretary of State’s website at www.sos.state.tx.us/texreg/index.shtml. A courtesy copy of the adoption is available on the Texas Department of Insurance (TDI) website at www.tdi.texas.gov/wc/rules/2018rules.html.
Amended Rule 129.5 makes several changes:
• Confirming DWC rules to the addition of Texas Labor Code §408.025(a-1) by House Bill (HB) 2546, 85th Legislature, Regular Session, which allow a treating doctor to delegate authority to complete and sign a work status report to a physician assistant;
• Providing that the delegating treating doctor is responsible for the acts of the physician assistant under Labor Code §408.025 and Texas Occupations Code Ch. 204, Physicians Assistants;
• Allowing for work status reports to be provided to an injured employee via electronic transmission; and
• Including minor updates and editorial corrections.
In conjunction with this adopted rule, Commissioner Brown simultaneously finalized revisions to DWC Form-073, Work Status Report. Revisions to DWC Form-073 include a new box to allow for physician assistants to sign the form. Other changes were made to the form to make it appear less cluttered and to update unnecessary, outdated information.
The revised form is available on the TDI website at www.tdi.texas.gov/wc/rules/2018rules.html. DWC encourages system participants to continue accepting the old DWC Form-073 form through the end of the calendar year to allow doctors and physician assistants time to transition to the updated form.
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