DWC Considering Draft Presumption Rules

The Commissioner of Workers’ Compensation, Cassie Brown, has proposed an informal working draft of rule amendments for 28 Texas Administrative Code §§124.2, 124.3, 180.8, and 180.26 to implement Senate Bill 2551, 86th Legislature (2019). The rules relate to legislation regarding presumptions for first responders who are diagnosed with certain diseases such as myocardial infarctions and cancer.

The Division’s memo outlining the working draft of the rules can be found here. The informal working draft of the rules can be found here.

Rule 124.2 outlines the amended process for claim notification pursuant to SB 2551.

The amendments to Rule 124.3 describe an insurance carrier’s obligation to investigate when it receives notice of an injury for which a presumption may apply on a claim and the process they must follow when investigating a presumption claim under Chapter 607 of the Texas Government Code.

Rule 180.8 relates to the assessment of administrative penalties in claims where the insurance carrier provided notice under Section 409.021(a-3).

Rule 180.26 is amended to include the additional factors to be considered when determining sanctions. Additional editorial corrections are made throughout to align them with current style and usage.

DWC will host a stakeholder meeting to discuss the rules on Wednesday, August 21, 2019, at 1:30 p.m. at the DWC Central Office located at 7551 Metro Center Drive, Suite 100, in Austin. Written comments on the informal working draft of the rules may be submitted at the meeting, by email to RuleComments@tdi.texas.gov, or by mailing or delivering your comments to:

Cynthia Guillen Office of General Counsel,
MS-4D Texas Department of Insurance,
Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100,
Austin, Texas 78744-1645

To be considered, comments must be received by 5 p.m., Central time, on Friday, August 23, 2019.