DWC Offers Stakeholders Opportunity to Review and Comment on Proposed Rules Implementing House Bill 2468
In an October 19, 2023 memorandum, DWC informally proposes:
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- Amendments to include affected lifetime income benefits (LIBs) in DWC Rules 127.1 and 127.25, Requesting Designated Doctor Examinations and Failure to Attend a Designated Doctor Examination; and
- Amendments to and new sections in Tex. Labor Code Chapter 131, Benefits—Lifetime Income Benefits.
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These amendments and new sections implement House Bill (HB) 2468, 88th Legislature, Regular Session (2023). To implement HB 2468, DWC is required to adopt rules. The draft rules divide Chapter 131 into subchapters to make the sections that apply to first responders affected by HB 2468 easy to find, and they make conforming amendments to Sections 127.1 and 127.25. DWC is also creating two new related forms to assist with compliance with the law. There will be an opportunity to provide input on these forms separately.
You may recall that HB 2468:
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- Amended Texas Labor Code Section 408.161(a), which redefines physically traumatic brain injuries for the purpose of entitlement to LIBs.
- Added new Section 408.1615 to allow certain first responders to receive LIBs.
- Amended Section 408.0041 to include first responders under Section 408.1615.
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DWC is requesting comments on the draft rule text. Email your comments to RuleComments@tdi.texas.gov. DWC must receive your written comments by 5 p.m., Central time, on November 20, 2023.
You may also email or deliver your comments to:
Legal Services, MC-LS
Texas Department of Insurance, Division of Workers’ Compensation
PO Box 12050
Austin, Texas 78711-2050.
Feel free to reach out to FOL with any questions or comments at all: gqs@fol.com.
FOLIO
