All Things Texas Workers' Compensation

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Table of Contents

Texas Labor Code

Title 5. Workers' Compensation

Subtitle A. Texas Workers' Compensation Act

Chapter 401. General Provisions

Subchapter A. Short Title; Application of Sunset Act

§ 401.001. Short Title
§ 401.003. Activities of the State Auditor

Subchapter B. Definitions

§ 401.011. General Definitions
§ 401.012. Definition of Employee
§ 401.013. Definition of Intoxication
§ 401.014. Franchisors Excluded

Subchapter C. Miscellaneous Provisions

§ 401.021. Application of Other Acts
§ 401.022. Discrimination Prohibited
§ 401.023. Interest or Discount Rate
§ 401.024. Transmission of Information
§ 401.025. References to Commission and Executive Director
§ 401.026. Applicability to Certain Emergency Response Personnel
§ 401.027. Applicability to Certain Members of Texas Military Forces

Chapter 402. Operation and Administration of Workers' Compensation System

Subchapter A. General Administration of System;  Workers' Compensation Division

§ 402.001. Administration of System:  Texas Department of Insurance;  Workers’ Compensation Division
§ 402.00111. Relationship Between Commissioner of Insurance and Commissioner of Workers’ Compensation;  Separation of Authority;  Rulemaking
§ 402.00112. Investigation of Division
§ 402.00113. Administrative Attachment to Department
§ 402.00114. Duties of Division;  Single Point of Contact
§ 402.00115. Composition of Division
§ 402.00116. Chief Executive
§ 402.00117. Appointment;  Term
§ 402.00118. Qualifications
§ 402.00119. Ineligibility for Public Office
§ 402.00120. Compensation
§ 402.00121. Grounds for Removal
§ 402.00122. Prohibited Gifts;  Administrative Violation
§ 402.00123. Civil Liability of Commissioner
§ 402.00124. Conflict of Interest
§ 402.00125. Prohibition on Certain Employment or Representation
§ 402.00126. Lobbying Activities
§ 402.00127. Training Program for Commissioner
§ 402.00128. General Powers and Duties of Commissioner
§ 402.002. Administration of System:  Office of Injured Employee Counsel

Subchapter B. System Goals;  General Administration of System

§ 402.021. Goals;  Legislative Intent;  General Workers’ Compensation Mission of Department
§ 402.0215. Reference to Commission Divisions
§ 402.022. Public Interest Information
§ 402.023. Complaint Information
§ 402.0231. Documentation and Analysis of Complaints
§ 402.0235. Priorities for Complaint Investigations
§ 402.024. Public Participation

Subchapter C. Personnel

§ 402.041. Appointments
§ 402.042. Division of Responsibilities
§ 402.043. Career Ladder;  Annual Performance Evaluations
§ 402.044. Equal Employment Opportunity Policy Statement

Subchapter D. General Powers and Duties of Division and Commissioner

§ 402.061. Adoption of Rules
§ 402.062. Acceptance of Gifts, Grants, and Donations
§ 402.064. Fees
§ 402.065. Employment of Counsel
§ 402.066. Recommendations to Legislature
§ 402.0665. Legislative Oversight
§ 402.067. Advisory Committees
§ 402.068. Delegation of Rights and Duties
§ 402.069. Qualifications and Standards of Conduct Information

§ 402.071. Representatives

§ 402.073. Hearings Conducted by State Office of Administrative Hearings

§ 402.075. Incentives;  Performance–Based Oversight
§ 402.076. General Duties;  Funding
§ 402.077. Educational Programs
§ 402.078. Regional Offices

Subchapter E. Records and Employee Information

§ 402.081. Division Records
§ 402.082. Injury Information Maintained by Division
§ 402.083. Confidentiality of Injury Information
§ 402.084. Record Check;  Release of Information
§ 402.085. Exceptions to Confidentiality
§ 402.086. Transfer of Confidentiality
§ 402.087. Information Available to Prospective Employers
§ 402.088. Report of Prior Injury
§ 402.089. Failure to File Authorization
§ 402.090. Statistical Information
§ 402.091. Failure to Maintain Confidentiality;  Offense;  Penalty
§ 402.092. Investigation Files Confidential;  Disclosure of Certain Information

Subchapter F. Cooperation with Office of Injured Employee Counsel

§ 402.251. Cooperation;  Facilities

Chapter 403. Division Financing

§ 403.001. Funds
§ 403.002. Maintenance Taxes
§ 403.003. Rate of Assessment
§ 403.004. Collection of Tax After Withdrawal from Business
§ 403.005. Tax Rate
§ 403.006. Subsequent Injury Fund
§ 403.007. Funding of Subsequent Injury Fund
§ 403.008. Deposit of Administrative Penalties

Chapter 404. Office of Injured Employee Counsel

Subchapter A. Office;  General Provisions

§ 404.001. Definitions
§ 404.002. Establishment of Office;  Administrative Attachment to Texas Department of Workers’ Compensation
§ 404.003. Sunset Provision
§ 404.004. Public Interest Information
§ 404.005. Access to Programs and Facilities
§ 404.006. Rulemaking
§ 404.007. Negotiated Rulemaking;  Alternative Dispute Resolution
§ 404.008. Complaints

Subchapter B. Injured Employee Public Counsel

§ 404.051. Appointment;  Term
§ 404.052. Qualifications
§ 404.053. Business Interest;  Service as Public Counsel
§ 404.054. Lobbying Activities
§ 404.055. Grounds for Removal
§ 404.056. Prohibited Representation or Employment
§ 404.057. Trade Associations

Subchapter C. General Powers and Duties of Office

§ 404.101. General Duties
§ 404.1015. Refusal to Provide or Termination of Services
§ 404.102. General Powers and Duties of Public Counsel
§ 404.103. Operation of Ombudsman Program
§ 404.104. Authority to Appear or Intervene
§ 404.105. Authority to Assist Individual Injured Employees in Administrative Procedures
§ 404.106. Legislative Report
§ 404.107. Access to Information by Public Counsel
§ 404.108. Legislative Recommendations
§ 404.109. Injured Employee Rights;  Notice
§ 404.110. Applicability to Public Counsel of Confidentiality Requirements
§ 404.111. Access to Information

Subchapter D. Ombudsman Program

§ 404.151. Ombudsman Program
§ 404.152. Designation as Ombudsman;  Eligibility and Training Requirements;  Continuing Education Requirements
§ 404.1525. First Responder Liaison
§ 404.153. Employer Notification;  Administrative Violation
§ 404.154. Public Information
§ 404.155. Cost for Certain Copies of Medical Records;  Administrative Violation

Chapter 405. Workers' Compensation Research

§ 405.001. Definition
§ 405.002. Workers’ Compensation Research Duties of Department
§ 405.0025. Research Duties of Group
§ 405.0026. Research Agenda
§ 405.003. Funding;  Maintenance Tax
§ 405.004. Coordination with Other State Agencies;  Confidentiality

Chapter 406. Workers' Compensation Insurance Coverage

Subchapter A. Coverage Election;  Security ProceduresSubchapter

§ 406.001. Definition
§ 406.002. Coverage Generally Elective
§ 406.003. Methods of Obtaining Coverage
§ 406.004. Employer Notice to Division
§ 406.005. Employer Notice to Employees;  Administrative Violation
§ 406.006. Insurance Coverage and Claim Administration Reporting Requirements;  Administrative Violation
§ 406.007. Termination of Coverage by Employer;  Notice
§ 406.008. Cancellation or Nonrenewal of Coverage by Insurance Company;  Notice
§ 406.009. Collecting and Maintaining Information;  Monitoring and Enforcing Compliance
§ 406.010. Claims Service;  Administrative Violation
§ 406.011. Austin Representative;  Administrative Violation
§ 406.012. Enforcement of Subchapter

Subchapter B. Coverage Requirements

§ 406.031. Liability for Compensation
§ 406.032. Exceptions
§ 406.033. Common-Law Defenses;  Burden of Proof
§ 406.034. Employee Election
§ 406.035. Waiver of Compensation Prohibited

Subchapter C. Coverage Through Commercial Insurance

§ 406.051. Security by Commercial Insurance
§ 406.052. Effect of Other Insurance Coverage
§ 406.053. All States Coverage

Subchapter D. Extraterritorial Coverage

§ 406.071. Extraterritorial Coverage
§ 406.072. Principal Location
§ 406.073. Agreement on Principal Location;  Administrative Violation
§ 406.074. Interjurisdictional Agreements
§ 406.075. Effect of Compensation Paid in Other Jurisdiction

Subchapter E. Application of Coverage to Certain Employees

§ 406.091. Exempt Employees;  Voluntary Coverage
§ 406.092. Alien Employees and Beneficiaries
§ 406.093. Legally Incompetent Employees
§ 406.094. Certain Persons Licensed by Texas Real Estate Commission
§ 406.095. Certain Professional Athletes
§ 406.096. Required Coverage for Certain Building or Construction Contractors
§ 406.097. Executive Employees of Certain Business Entities
§ 406.098. Volunteer Emergency Service Members and Personnel

Subchapter F. Coverage of Certain Independent Contractors

§ 406.121. Definitions
§ 406.122. Status as Employee
§ 406.123. Election to Provide Coverage;  Administrative Violation
§ 406.124. Cause of Action
§ 406.125. Restriction of Unsafe Work Practices Unaffected
§ 406.126. Exemption
§ 406.127. Effect of Certain Contracts of Hire

Subchapter G. Coverage of Certain Building and Construction Workers

§ 406.141. Definitions
§ 406.142. Application
§ 406.144. Election to Provide Coverage;  Agreement
§ 406.145. Joint Agreement
§ 406.146. Wrongful Inducement Prohibited

Subchapter H. Coverage of Farm and Ranch Employees

§ 406.161. Definitions
§ 406.162. Scope
§ 406.163. Liability of Labor Agent;  Joint and Several Liability
§ 406.164. Elective Coverage of Employer and Family Members
§ 406.165. Not Applicable to Independent Contractors

Chapter 407. Self–Insurance Regulation

Subchapter A. General Provisions

§ 407.001. Definitions

Subchapter B. Division of Self–Insurance Regulation

§ 407.023. Exclusive Powers and Duties of Commissioner
§ 407.024. Claim or Suit

Subchapter C. Certificate of Authority to Self–Insure

§ 407.041. Application
§ 407.042. Issuance of Certificate
§ 407.043. Procedures on Denial of Application
§ 407.044. Term of Certificate of Authority;  Renewal
§ 407.045. Withdrawal from Self–Insurance
§ 407.046. Revocation of Certificate of Authority
§ 407.047. Effect of Revocation

Subchapter D. Requirements for Certificate of Authority

§ 407.061. General Requirements
§ 407.062. Financial Strength and Liquidity Requirements
§ 407.063. Premium Requirements
§ 407.064. General Security Requirements
§ 407.065. Specific Security Requirements
§ 407.066. Effect of Dispute
§ 407.067. Excess Insurance;  Reinsurance;  Administrative Violation
§ 407.068. Guarantee by Parent Organization

Subchapter E. Powers and Duties of Certified Self–Insurer

§ 407.081. Annual Report
§ 407.082. Examination of Records;  Administrative Violation
§ 407.083. Payment of Insurance Agent’s Commission

Subchapter F. Financing of Self–Insurance Program

§ 407.101. Fund
§ 407.102. Regulatory Fee
§ 407.103. Self-Insurer Maintenance Tax;  Effect on General Maintenance Tax
§ 407.104. Collection of Taxes and Fees;  Administrative Violation

Subchapter G. Texas Certified Self–Insurer Guaranty Association

§ 407.121. Guaranty Association
§ 407.122. Board of Directors
§ 407.123. Board Rules
§ 407.124. Impaired Employer;  Assessments
§ 407.125. Payment of Assessments
§ 407.126. Trust Fund;  Fee;  Schedule
§ 407.127. Payment of Benefits Through Association
§ 407.128. Possession of Security by Association
§ 407.129. Release of Claim Information to Association
§ 407.130. Association as Party in Interest
§ 407.131. Preference
§ 407.132. Special Fund
§ 407.133. Suspension or Revocation of Certificate for Failure to Pay Assessment

Chapter 407A. Group Self–Insurance Coverage

Subchapter A. General Provisions

§ 407a.001. Definitions
§ 407a.002. Application of Chapter;  Establishment of Private Group
§ 407a.003. Merger of Groups
§ 407a.004. Group Not Insurer
§ 407a.005. Certificate of Approval Required
§ 407a.006. Service of Process
§ 407a.007. Hearings
§ 407a.008. Rules
§ 407a.009. Certificate of Authority Required for Certain Administrators and Service Companies

Subchapter B. Application Requirements for Certificate of Approval for Self–Insurance Group

§ 407a.051. Application for Initial Certificate of Approval;  Approval Requirements

§ 407a.052. Issuance of Certificate of Approval;  Refusal

§ 407a.0521. New Certificates of Approval Prohibited

§ 407a.053. Financial Requirements

§ 407a.054. Excess Insurance Requirements
§ 407a.055. Premium Requirements
§ 407a.056. Indemnity Agreement Requirements
§ 407a.057. Additional Performance Bond Requirements

Subchapter C. Termination of Certificate of Approval

§ 407a.101. Certificate of Approval;  Termination

Subchapter D. Board of Trustees

§ 407a.151. Board Membership
§ 407a.152. Board General Powers and Duties
§ 407a.153. Prohibited Activities
§ 407a.154. Group Funds

Subchapter E. Group Membership;  Termination;  Liability

§ 407a.201. Admission of Employer as Member

Subchapter F. Examinations, Financial Statements, and Other Reports

§ 407a.251. Financial Statement
§ 407a.252. Examination

Subchapter G. Taxes, Fees, and Assessments

§ 407a.301. Maintenance Tax for Division and Research Functions of Department
§ 407a.302. Maintenance Tax for Department
§ 407a.303. Collection and Payment of Taxes
§ 407a.304. Premium Tax

Subchapter H. Rates;  Refunds;  Premium Payments;  Reserves;  Deficits

§ 407a.351. Rates
§ 407a.352. Audits
§ 407a.353. Refunds
§ 407a.354. Premium Payment Plan;  Reserves
§ 407a.355. Deficits;  Insolvencies

Subchapter I. Disciplinary Actions;  Penalties

§ 407a.401. Prohibited Solicitation
§ 407a.402. Fines
§ 407a.403. Cease and Desist Orders
§ 407a.404. Revocation of Certificate of Approval

Subchapter J. Texas Self–Insurance Group Guaranty Fund

§ 407a.451. Definitions
§ 407a.452. Guaranty Fund
§ 407a.453. Board of Directors
§ 407a.454. Immunity
§ 407a.455. Board General Powers and Duties

§ 407a.456. Plan of Operation

§ 407a.4561. Revised Plan of Operation: Wind Down

§ 407a.457. Trust Fund;  Schedule
§ 407a.458. Effect of Insolvency of Group
§ 407a.459. Collection of Assessments from Group Members;  Continuation of Joint and Several Liability
§ 407a.460. Payment of Benefits Through Guaranty Fund
§ 407a.461. Possession of Security by Guaranty Fund
§ 407a.462. Release of Claim Information to Guaranty Fund
§ 407a.463. Guaranty Fund as Party in Interest
§ 407a.464. Preferences
§ 407a.465. Special Fund

Chapter 408. Workers' Compensation Benefits

Subchapter A. General Provisions

§ 408.001. Exclusive Remedy;  Exemplary Damages
§ 408.002. Survival of Cause of Action
§ 408.003. Reimbursable Employer Payments;  Salary Continuation;  Offset Against Income Benefits;  Limits
§ 408.004. Required Medical Examinations;  Administrative Violation
§ 408.0041. Designated Doctor Examination
§ 408.0042. Medical Examination by Treating Doctor to Define Compensable Injury
§ 408.0043. Professional Specialty Certification Required for Certain Review
§ 408.0044. Review of Dental Services
§ 408.0045. Review of Chiropractic Services
§ 408.0046. Rules
§ 408.005. Settlements and Agreements
§ 408.006. Mental Trauma Injuries
§ 408.007. Date of Injury for Occupational Disease
§ 408.008. Compensability of Heart Attacks

Subchapter B. Medical Benefits

§ 408.021. Entitlement to Medical Benefits
§ 408.022. Selection of Doctor
§ 408.0221. Request for Description of Employment
§ 408.023. List of Approved Doctors;  Duties of Treating Doctors
§ 408.0231. Maintenance of List of Approved Doctors;  Sanctions and Privileges Relating to Health Care
§ 408.024. Noncompliance with Selection Requirements
§ 408.025. Reports and Records Required from Health Care Providers
§ 408.0251. Electronic Billing Requirements
§ 408.0252. Underserved Areas
§ 408.026. Spinal Surgery
§ 408.027. Payment of Health Care Provider
§ 408.0271. Reimbursement by Health Care Provider
§ 408.0272. Certain Exceptions for Untimely Submission of Claim
§ 408.028. Pharmaceutical Services
§ 408.0281. Reimbursement for Pharmaceutical Services;  Administrative Violation
§ 408.0282. Requirements for Certain Informal or Voluntary Networks
§ 408.0284. Reimbursement for Durable Medical Equipment and Home Health Care Services;  Administrative Violation
§ 408.029. Nurse First Assistant Services
§ 408.030. Reports of Physician Violations
§ 408.031. Workers’ Compensation Health Care Networks

Subchapter C. Computation of Average Weekly Wage

§ 408.041. Average Weekly Wage
§ 408.042. Average Weekly Wage for Part-Time Employee or Employee with Multiple Employment
§ 408.043. Average Weekly Wage for Seasonal Employee
§ 408.044. Average Weekly Wage for Minor, Apprentice, Trainee, or Student

§ 408.0445. Average Weekly Wage for Members of State Military Forces

§ 408.0446. Average Weekly Wage;  School District Employee
§ 408.045. Nonpecuniary Wages
§ 408.046. Similar Employees, Services, or Employment
§ 408.047. State Average Weekly Wage

Subchapter D. Computation of Benefits

§ 408.061. Maximum Weekly Benefit
§ 408.062. Minimum Weekly Income Benefit
§ 408.063. Wage Presumptions;  Administrative Violation
§ 408.064. Interest on Accrued Benefits

Subchapter E. Income Benefits in General

§ 408.081. Income Benefits
§ 408.0815. Resolution of Overpayment or Underpayment of Income Benefits
§ 408.082. Accrual of Right to Income Benefits
§ 408.083. Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits
§ 408.084. Contributing Injury
§ 408.085. Advance of Benefits for Hardship

Subchapter F. Temporary Income Benefits

§ 408.101. Temporary Income Benefits
§ 408.102. Duration of Temporary Income Benefits
§ 408.103. Amount of Temporary Income Benefits
§ 408.104. Maximum Medical Improvement After Spinal Surgery
§ 408.105. Salary Continuation in Lieu of Temporary Income Benefits

Subchapter G. Impairment Income Benefits

§ 408.121. Impairment Income Benefits
§ 408.122. Eligibility for Impairment Income Benefits
§ 408.1225. Designated Doctor
§ 408.123. Certification of Maximum Medical Improvement;  Evaluation of Impairment Rating
§ 408.124. Impairment Rating Guidelines
§ 408.125. Dispute as to Impairment Rating
§ 408.126. Amount of Impairment Income Benefits
§ 408.127. Reduction of Impairment Income Benefits
§ 408.128. Commutation of Impairment Income Benefits
§ 408.129. Acceleration of Impairment Income Benefits

Subchapter H. Supplemental Income Benefits

§ 408.141. Award of Supplemental Income Benefits
§ 408.1415. Work Search Compliance Standards
§ 408.142. Supplemental Income Benefits
§ 408.143. Employee Statement
§ 408.144. Computation of Supplemental Income Benefits
§ 408.145. Payment of Supplemental Income Benefits
§ 408.146. Termination of Supplemental Income Benefits;  Reinitiation
§ 408.147. Contest of Supplemental Income Benefits by Insurance Carrier;  Attorney’s Fees
§ 408.148. Employee Discharge After Termination
§ 408.149. Status Review;  Benefit Review Conference
§ 408.150. Vocational Rehabilitation
§ 408.151. Medical Examinations for Supplemental Income Benefits

Subchapter I. Lifetime Income Benefits

§ 408.161. Lifetime Income Benefits
§ 408.1615. Lifetime Income Benefits for Certain First Responders
§ 408.162. Subsequent Injury Fund Benefits

Subchapter J. Death and Burial Benefits

§ 408.181. Death Benefits
§ 408.182. Distribution of Death Benefits
§ 408.183. Duration of Death Benefits
§ 408.184. Redistribution of Death Benefits
§ 408.185. Effect of Beneficiary Dispute;  Attorney’s Fees
§ 408.186. Burial Benefits
§ 408.187. Autopsy

Subchapter K. Protection of Rights to Benefits

§ 408.201. Benefits Exempt from Legal Process
§ 408.202. Assignability of Benefits
§ 408.203. Allowable Liens

Subchapter L. Attorney's Fees in Workers' Compensation Benefit Matters

§ 408.221. Attorney’s Fees Paid to Claimant’s Counsel
§ 408.222. Attorney’s Fees Paid to Defense Counsel

Chapter 409. Compensation Procedures

Subchapter A. Injury Reports, Claims, and Records

§ 409.001. Notice of Injury to Employer
§ 409.002. Failure to File Notice of Injury
§ 409.003. Claim for Compensation
§ 409.004. Effect of Failure to File Claim for Compensation
§ 409.005. Report of Injury;  Modified Duty Program Notice;  Administrative Violation
§ 409.006. Record of Injuries;  Administrative Violation
§ 409.007. Death Benefit Claims
§ 409.008. Failure to File Employer Report of Injury;  Limitations Tolled
§ 409.009. Subclaims
§ 409.0091. Reimbursement Procedures for Certain Entities
§ 409.010. Information Provided to Employee or Legal Beneficiary
§ 409.011. Information Provided to Employer;  Employer’s Rights
§ 409.012. Vocational Rehabilitation Information
§ 409.013. Plain Language Information;  Notification of Injured Employee

Subchapter B. Payment of Benefits

§ 409.021. Initiation of Benefits;  Insurance Carrier’s Refusal;  Administrative Violation
§ 409.022. Refusal to Pay Benefits;  Notice;  Administrative Violation
§ 409.023. Payment of Benefits;  Administrative Violation
§ 409.0231. Payment by Electronic Funds Transfer
§ 409.0232. Timeliness of Payments
§ 409.024. Termination or Reduction of Benefits;  Notice;  Administrative Violation

Chapter 410. Adjudication of Disputes

Subchapter A. General Provisions

§ 410.002. Law Governing Liability Proceedings
§ 410.003. Application of Administrative Procedure and Texas Register Act
§ 410.005. Venue for Administrative Proceedings
§ 410.0055. Conducting Certain Contested Case Hearings by Remote Communication
§ 410.006. Representation at Administrative Proceedings
§ 410.007. Information List

Subchapter B. Benefit Review Conference

§ 410.021. Purpose
§ 410.022. Benefit Review Officers;  Qualifications
§ 410.023. Request for Benefit Review Conference
§ 410.024. Benefit Review Conference as Prerequisite to Further Proceedings on Certain Claims
§ 410.025. Scheduling of Benefit Review Conference;  Notice
§ 410.026. Powers and Duties of Benefit Review Officer
§ 410.027. Rules
§ 410.028. Failure to Attend;  Administrative Violation
§ 410.029. Resolution at Benefit Review Conference;  Written Agreement
§ 410.030. Binding Effect of Agreement
§ 410.031. Incomplete Resolution;  Report
§ 410.032. Payment of Benefits Under Interlocutory Order
§ 410.033. Multiple Carriers
§ 410.034. Filing of Agreement and Report

Subchapter C. Arbitration

§ 410.101. Purpose
§ 410.102. Arbitrators;  Qualifications
§ 410.103. Duties of Arbitrator
§ 410.104. Election of Arbitration;  Effect
§ 410.105. Lists of Arbitrators
§ 410.106. Selection of Arbitrator
§ 410.107. Assignment of Arbitrator
§ 410.108. Rejection of Arbitrator
§ 410.109. Scheduling of Arbitration
§ 410.110. Continuance
§ 410.111. Rules
§ 410.112. Exchange and Filing of Information;  Administrative Violation
§ 410.113. Duties of Parties at Arbitration;  Attendance;  Administrative Violation
§ 410.114. Testimony;  Record
§ 410.115. Evidence
§ 410.116. Closing Statements;  Briefs
§ 410.117. Ex Parte Contacts Prohibited
§ 410.118. Award
§ 410.119. Effect of Award
§ 410.120. Clerical Error
§ 410.121. Court Vacating Award

Subchapter D. Contested Case Hearing

§ 410.151. Contested Case Hearing;  Scope
§ 410.152. Administrative Law Judges;  Qualifications
§ 410.153. Application of Administrative Procedure Act
§ 410.154. Scheduling of Hearing
§ 410.155. Continuance
§ 410.156. Attendance Required;  Administrative Violation
§ 410.157. Rules
§ 410.158. Discovery
§ 410.159. Standard Interrogatories
§ 410.160. Exchange of Information
§ 410.161. Failure to Disclose Information
§ 410.162. Additional Discovery
§ 410.163. Powers and Duties of Administrative Law Judge
§ 410.164. Record
§ 410.165. Evidence
§ 410.166. Stipulations
§ 410.167. Ex Parte Contacts Prohibited
§ 410.168. Decision
§ 410.169. Effect of Decision

Subchapter E. Appeals Panel

§ 410.201. Appeals Judges;  Qualifications
§ 410.202. Request for Appeal;  Response
§ 410.203. Powers and Duties of Appeals Panel;  Priority of Hearing on Remand
§ 410.204. Decision
§ 410.205. Effect of Decision
§ 410.206. Clerical Error
§ 410.207. Continuation of Division Jurisdiction
§ 410.208. Judicial Enforcement of Order or Decision;  Administrative Violation
§ 410.209. Reimbursement for Overpayment

Subchapter F. Judicial Review—General Provisions

§ 410.251. Exhaustion of Remedies
§ 410.252. Time for Filing Petition;  Venue
§ 410.253. Service
§ 410.254. Intervention
§ 410.255. Judicial Review of Issues Other than Compensability or Income or Death Benefits
§ 410.256. Court Approval of Settlement
§ 410.257. Judgment After Judicial Review
§ 410.258. Notification of Division of Proposed Judgments and Settlements;  Right to Intervene

Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits

§ 410.301. Judicial Review of Issues Regarding Compensability or Income or Death Benefits
§ 410.302. Admissibility of Records;  Limitation of Issues
§ 410.303. Burden of Proof
§ 410.304. Consideration of Appeals Panel Decision
§ 410.305. Conflict with Rules of Civil Procedure
§ 410.306. Evidence
§ 410.307. Substantial Change of Condition
§ 410.308. Certified Copy of Notice Securing Compensation

Chapter 411. Workers' Health and Safety

Subchapter A. General Provisions

§ 411.001. Definitions
§ 411.002. Application
§ 411.003. Immunity from Certain Liability
§ 411.004. Exclusive Remedy
§ 411.005. Franchisors Excluded

Subchapter B. General Powers and Duties of Division

§ 411.011. Coordination and Enforcement of State Laws and Rules
§ 411.012. Collection and Analysis of Information
§ 411.013. Federal Contracts and Programs
§ 411.014. Educational Programs;  Cooperation with Other Entities
§ 411.015. Educational Publications
§ 411.016. Peer Review Safety Program
§ 411.017. Advisory Service to Insurance Carriers
§ 411.018. Federal OSHA Compliance

Subchapter C. Job Safety Information System

§ 411.031. Job Safety Information System;  Cooperation with Other Agencies
§ 411.032. Employer Injury and Occupational Disease Report;  Administrative Violation
§ 411.033. Job Safety Data Base
§ 411.034. Confidentiality Requirement;  Offense;  Penalty
§ 411.035. Use of Injury Report

Subchapter D. Hazardous Employer Program

[Repealed]

Subchapter E. Accident Prevention Services

§ 411.061. Accident Prevention Services;  Prerequisite for License
§ 411.063. Accident Prevention Personnel
§ 411.064. Inspections
§ 411.065. Annual Information Submitted by Insurance Company
§ 411.066. Notice to Policyholders
§ 411.067. Division Personnel
§ 411.068. Administrative Violation

Subchapter F. Employee Reports of Safety Violations;  Educational Materials

§ 411.081. Telephone Hotline
§ 411.082. Employer Retaliation Prohibited
§ 411.083. Judicial Relief for Employer Retaliation
§ 411.084. Educational Publications

Subchapter G. Policy for Elimination of Drugs in the Workplace

[Repealed]

Subchapter H. General Requirements Relating to Occupational Health and Safety

§ 411.101. Legislative Policy;  Purpose
§ 411.102. Definitions
§ 411.103. Duty of Employer to Provide Safe Workplace
§ 411.104. Division Duties
§ 411.105. Confidential Information;  Penalty
§ 411.106. Safety Classification
§ 411.107. Elimination of Safety Impediments
§ 411.108. Accident Reports
§ 411.109. Effect on Other Law
§ 411.110. Labor Disputes

Chapter 412. State Office of Risk Management

Subchapter A. General Provisions

§ 412.001. Definitions

Subchapter B. Office

§ 412.011. Powers and Duties of Office
§ 412.0111. Affiliation with Office of Attorney General
§ 412.012. Funding
§ 412.0121. Interagency Contracts
§ 412.0122. State Self-Insuring for Workers’ Compensation
§ 412.0123. Deposit of Workers’ Compensation Subrogation Recoveries
§ 412.0124. Deposit of Workers’ Compensation Subrogation Recoveries
§ 412.0125. Return–to–Work Coordination Services;  Case Management
§ 412.0126. Analysis
§ 412.0127. Payment by Electronic Funds Transfer
§ 412.0128. Confidentiality of Information
§ 412.013. Review and Update of Risk Management Program Guidelines

Subchapter C. Board

§ 412.021. Risk Management Board
§ 412.022. Training Program for Board Members
§ 412.023. Effect of Lobbying Activity
§ 412.024. Grounds for Removal from Board
§ 412.027. Use of Technology

Subchapter D. General Powers and Duties of Board

§ 412.031. Rulemaking Authority
§ 412.032. Board’s Report to Legislature
§ 412.033. Hiring Director
§ 412.034. Public Hearing
§ 412.035. Dispute Resolution

Subchapter E. Director

§ 412.041. Director Duties
§ 412.042. Reports to the Legislature

Subchapter F. State Agencies

§ 412.051. Duties of State Agencies;  Insurance Notification Requirements
§ 412.052. Exemption of Certain State Agencies
§ 412.053. Annual Report by State Agency
§ 412.054. Continuity of Operations Plan

Chapter 413. Medical Review

Subchapter A. General Provisions

§ 413.002. Medical Review
§ 413.003. Authority to Contract
§ 413.004. Coordination with Providers
§ 413.006. Advisory Committees
§ 413.007. Information Maintained by Division
§ 413.008. Information from Insurance Carriers;  Administrative Violation

Subchapter B. Medical Services and Fees

§ 413.011. Reimbursement Policies and Guidelines; Treatment Guidelines and Protocols
§ 413.0111. Processing Agents
§ 413.0112. Reimbursement of Federal Military Treatment Facility
§ 413.0115. Requirements for Certain Voluntary or Informal Networks
§ 413.012. Medical Policy and Guideline Updates Required
§ 413.013. Programs
§ 413.014. Preauthorization Requirements;  Concurrent Review and Certification of Health Care
§ 413.0141. Initial Pharmaceutical Coverage
§ 413.015. Payment by Insurance Carriers;  Audit and Review
§ 413.016. Payments in Violation of Medical Policies and Fee Guidelines
§ 413.017. Presumption of Reasonableness
§ 413.018. Review of Medical Care if Guidelines Exceeded
§ 413.019. Interest Earned for Delayed Payment, Refund, or Overpayment
§ 413.020. Division Charges
§ 413.021. Return-to-Work Coordination Services
§ 413.022. Return–to–Work Reimbursement Program for Employers;  Fund
§ 413.023. Information to Employers
§ 413.024. Information to Employees
§ 413.025. Return–to–Work Goals and Assistance

Subchapter C. Dispute Resolution

§ 413.031. Medical Dispute Resolution
§ 413.0311. Review of Medical Necessity Disputes;  Contested Case Hearing
§ 413.0312. Review of Medical Fee Disputes;  Benefit Review Conference
§ 413.032. Independent Review Organization Decision;  Appeal

Subchapter D. Health Care Providers

§ 413.041. Disclosure
§ 413.042. Private Claims;  Administrative Violation
§ 413.043. Overcharging Prohibited;  Offense
§ 413.044. Sanctions on Designated Doctor

Subchapter E. Implementation of Commission Powers and Duties

§ 413.051. Contracts with Review Organizations and Health Care Providers
§ 413.0511. Medical Advisor
§ 413.05115. Medical Quality Review Process
§ 413.0512. Medical Quality Review Panel
§ 413.05121. Quality Assurance Panel
§ 413.05122. Medical Quality Review Panel:  Rules;  Training
§ 413.0513. Confidentiality Requirements
§ 413.0514. Information Sharing with Occupational Licensing Boards
§ 413.0515. Reports of Physician and Chiropractor Violations
§ 413.052. Production of Documents
§ 413.053. Standards of Reporting and Billing
§ 413.054. Immunity from Liability
§ 413.055. Interlocutory Orders;  Reimbursement

Chapter 414. Enforcement of Compliance and Practice Requirements

§ 414.002. Monitoring Duties
§ 414.003. Compilation and Use of Information
§ 414.004. Performance Review of Insurance Carriers
§ 414.005. Investigation Unit
§ 414.006. Referral to Other Authorities
§ 414.007. Medical Review

Chapter 415. Administrative Violations

Subchapter A. Prohibited Acts

§ 415.001. Administrative Violation by Representative of Employee or Legal Beneficiary
§ 415.002. Administrative Violation by Insurance Carrier
§ 415.003. Administrative Violation by Health Care Provider
§ 415.0035. Additional Violations by Insurance Carrier or Health Care Provider
§ 415.0036. Administrative Violation by Person Performing Certain Claim Services
§ 415.005. Overcharging by Health Care Providers Prohibited;  Administrative Violation
§ 415.006. Employer Chargebacks Prohibited;  Administrative Violation
§ 415.007. Loans by Attorneys Prohibited
§ 415.008. Fraudulently Obtaining or Denying Benefits;  Administrative Violation
§ 415.009. Frivolous Actions;  Administrative Violation
§ 415.010. Breach of Agreement;  Administrative Violation
§ 415.011. Notice of Professional Employer Organization Workers’ Compensation Claim and Payment Information;  Administrative Violation

Subchapter B. Sanctions

§ 415.021. Assessment of Administrative Penalties
§ 415.0211. Emergency Cease and Desist Order
§ 415.0215. Sanctions
§ 415.023. Commission of Wrongful Act as Matter of Practice;  Administrative Violation
§ 415.024. Breach of Settlement Agreement;  Administrative Violation
§ 415.025. References to a Class of Violation or Penalty

Subchapter C. Procedures

§ 415.031. Initiation of Administrative Violation Proceedings
§ 415.032. Notice of Possible Administrative Violation;  Response
§ 415.034. Hearing Procedures
§ 415.035. Judicial Review
§ 415.036. Standard of Judicial Review of Commissioner’s Order

Chapter 416. Actions Against Insurance Carrier for Breach of Duty

§ 416.001. Certain Causes of Action Precluded
§ 416.002. Exemplary Damages

Chapter 417. Third–Party Liability

§ 417.001. Third-Party Liability
§ 417.002. Recovery in Third-Party Action
§ 417.003. Attorney’s Fee for Representation of Insurance Carrier’s Interest
§ 417.004. Employer Liability to Third Party

Chapter 418. Criminal Investigations and Penalties

§ 418.001. Penalty for Fraudulently Obtaining or Denying Benefits
§ 418.002. Penalty for Fraudulently Obtaining Workers’ Compensation Insurance Coverage
§ 418.003. Election of Prosecution
§ 418.004. Subpoena Authority

Chapter 419. Misuse of Division Name

§ 419.001. Definitions
§ 419.002. Misuse of Division’s Name or Symbols Prohibited
§ 419.003. Rules
§ 419.004. Civil Penalty
§ 419.005. Administrative Penalty
§ 419.006. Injunctive Relief
§ 419.007. Remedies Not Exclusive

Subtitle B. Discrimination Issues

Chapter 451. Discrimination Prohibited

§ 451.001. Discrimination Against Employees Prohibited
§ 451.002. Remedies;  Burden of Proof
§ 451.0025. Waiver of Immunity;  Permission for First Responder to Sue
§ 451.003. Injunction

Subtitle C. Workers' Compensation Insurance Coverage for Certain Government Employees

Chapter 501. Workers' Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University

Subchapter A. General Provisions

§ 501.001. Definitions
§ 501.002. Application of General Workers’ Compensation Laws;  Limit on Actions and Damages
§ 501.003. Legal Beneficiary of Deceased Employee

Subchapter B. Coverage

§ 501.021. Workers’ Compensation Coverage for Employees
§ 501.022. Employees of Component Institutions or System Administration of Texas Tech University System
§ 501.024. Exclusions from Coverage
§ 501.025. Coverage for Out-of-State Employees
§ 501.026. Coverage for Certain Services Provided by Volunteers
§ 501.027. Coverage for Post-Traumatic Stress Disorder for Members of Texas Military Forces
§ 501.028. Expedited Provision of Medical Benefits for Certain Injuries Sustained by Certain Members of Texas Military Forces on State Active Duty
§ 501.029. Intent of Expedited Provision of Medical Benefits for Certain Injuries Sustained by Certain Members of Texas Military Forces

Subchapter C. Administration

§ 501.0431. Compilation of Statistics Relating to Fraud
§ 501.044. Effect of Sick Leave;  Annual Leave
§ 501.045. Effect of Emergency Leave
§ 501.046. Reports of Termination or Continuation of Injuries
§ 501.048. State Agency Summary in Budget Requests
§ 501.050. Notice of Appeal;  Notice of Trial Court Judgment;  Offense
§ 501.051. Payment of Medical and Indemnity Benefits

Chapter 502. Workers' Compensation Insurance Coverage for Employees of the Texas A&M University System and Employees of Institutions of the Texas A&M University System

Subchapter A. General Provisions

§ 502.001. Definitions
§ 502.002. Application of General Workers’ Compensation Laws;  Limit on Actions and Damages
§ 502.003. Legal Beneficiary of Deceased Employee

Subchapter B. Coverage

§ 502.021. Workers’ Compensation Coverage for Institution Employees
§ 502.022. Authority to Self-Insure
§ 502.023. Insurance Requirement
§ 502.024. Preexisting Disqualifying Condition
§ 502.025. Coverage for Out–of–State Employees

Subchapter C. Offsets

§ 502.041. Exhaustion of Annual and Sick Leave

Subchapter D. Administration

§ 502.061. Administration and Rules
§ 502.062. Percentage of Payroll Set Aside for Workers’ Compensation Expenses;  Account;  Reports
§ 502.063. Certified Copies of Division Documents
§ 502.064. Preemployment Physical Required;  Examining Physicians;  Institution Records
§ 502.065. Reports of Injuries
§ 502.066. Required Examination of Injured Employee;  Refusal to Submit to Examination
§ 502.067. Refusal to Submit to Medical Treatment
§ 502.068. Postponement of Hearing
§ 502.069. Notice of Appeal;  Notice of Trial Court Judgment;  Offense
§ 502.070. Attorney General as Legal Representative

Chapter 503. Workers' Compensation Insurance Coverage for Employees of the University of Texas System and Employees of Institutions of the University of Texas System

Subchapter A. General Provisions

§ 503.001. Definitions
§ 503.002. Application of General Workers’ Compensation Laws;  Limit on Actions and Damages
§ 503.003. Legal Beneficiary of Deceased Employee

Subchapter B. Coverage

§ 503.021. Workers’ Compensation Coverage for System and Institution Employees
§ 503.022. Authority to Self–Insure
§ 503.023. Insurance Requirement
§ 503.024. Waiver of Rights
§ 503.025. Coverage for Out–of–State Employees

Subchapter C. Offsets

§ 503.041. Exhaustion of Annual and Sick Leave

Subchapter D. Administration

§ 503.061. Administration and Rules
§ 503.062. Percentage of Payroll Set Aside for Workers’ Compensation Expenses;  Account;  Reports
§ 503.063. Certified Copies of Division Documents
§ 503.064. Examining Physicians
§ 503.065. Reports of Injuries
§ 503.066. Required Examination of Injured Employee;  Refusal to Submit to Examination
§ 503.067. Refusal to Submit to Medical Treatment
§ 503.068. Postponement of Hearing
§ 503.069. Notice of Appeal;  Notice of Trial Court Judgment;  Offense
§ 503.070. Venue for Judicial Review
§ 503.071. Attorney General as Legal Representative

Chapter 504. Workers' Compensation Insurance Coverage for Employees of Political Subdivisions

Subchapter A. General Provisions

§ 504.001. Definitions
§ 504.002. Application of General Workers’ Compensation Laws;  Limit on Actions and Damages
§ 504.003. Election of Remedies

Subchapter B. Coverage

§ 504.011. Method of Providing Coverage
§ 504.012. Optional Coverages
§ 504.013. Coverage for Trustees and Staff of Self-Insurance Fund
§ 504.014. Exclusions
§ 504.015. Municipal Utilities
§ 504.016. Joint Insurance Fund
§ 504.017. Federal and State Funded Transportation Entities
§ 504.018. Notice to Division and Employees;  Effect on Common–Law or Statutory Liability
§ 504.019. Coverage for Post–Traumatic Stress Disorder for Certain First Responders

Subchapter C. Benefits and Offsets

§ 504.051. Offset Against Payments for Incapacity
§ 504.052. Sick Leave Benefits
§ 504.053. Election
§ 504.054. Contested Case Hearing on and Judicial Review of Independent Review
§ 504.055. Expedited Provision of Medical Benefits for Certain Injuries Sustained by First Responder in Course and Scope of Employment

§ 504.056. Intent of Expedited Provision of Medical Benefits for Certain Injuries Sustained by First Responder in Course and Scope of Employment

§ 504.057. Expedited Provision of Medical Benefits for Certain Injuries Sustained by Certain Death Investigation Professionals in Course and Scope of Employment

Subchapter D. Administration

§ 504.071. Rules;  Forms
§ 504.072. Appropriations for Disbursements;  Account;  Report
§ 504.073. Representation in Legal Proceedings
§ 504.074. Self–Insurance Account for Death Benefits and Lifetime Income Benefits

Chapter 505. Workers' Compensation Insurance Coverage for Employees of Texas Department of Transportation

Subchapter A. General Provisions

§ 505.001. Definitions
§ 505.002. Application of General Workers’ Compensation Laws;  Limit on Actions and Damages

Subchapter B. Coverage

§ 505.011. Workers’ Compensation Coverage for Department Employees
§ 505.012. Authority to Self-Insure
§ 505.013. Individuals Employed by Subcontractors

Subchapter C. Administration

§ 505.051. Administration;  Rules;  Forms
§ 505.052. Percentage of Payroll Set Aside for Workers’ Compensation Expenses;  Account;  Reports
§ 505.053. Certified Copies of Division Documents
§ 505.054. Preemployment Physical Required;  Examining Physicians
§ 505.055. Reports of Injuries
§ 505.056. Required Examination of Injured Employee;  Refusal to Submit to Examination
§ 505.057. Refusal to Submit to Medical Treatment
§ 505.058. Postponement of Hearing
§ 505.059. Notice of Appeal;  Notice of Trial Court Judgment;  Offense
§ 505.060. Effect of Sick Leave;  Annual Leave

Chapter 506. Miscellaneous Provisions Applicable to Government Employees

§ 506.001. Late Payment of Judgment by the State

§ 506.002. Reimbursement from Non-Treasury Funds

§ 506.003. Provisions Applicable to Members of Texas Task Force 1, Interstate Fire Mutual Aid System Team, or Regional Incident Management Team