Law:Title 5. Workers' Compensation. Subtitle C. Workers Compensation Insurance Coverage For Certain Government Employees (Texas)

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

Contents

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

Section  501.001.  Definitions.

In this chapter:

(1)  "Division" means the division of workers' compensation of the Texas Department of Insurance.

(2)  "Compensable injury" has the meaning assigned to that term under Subtitle A.

(3)  "Director" means the director of the State Office of Risk Management.

(4)  "Office" means the State Office of Risk Management.

(5)  "Employee" means a person who is:

(A)  in the service of the state pursuant to an election, appointment, or express oral or written contract of hire;

(B)  paid from state funds but whose duties require that the person work and frequently receive supervision in a political subdivision of the state;

(C)  a peace officer employed by a political subdivision, while the peace officer is exercising authority granted under:

(i)  Article 2.12, Code of Criminal Procedure; or

(ii)  Articles 14.03(d) and (g), Code of Criminal Procedure;

(D)  a member of the state military forces, as defined by Section 431.001, Government Code, who is engaged in authorized training or duty; or

(E)  a Texas Task Force 1 member, as defined by Section 88.301, Education Code, who is activated by the Texas Division of Emergency Management or is injured during training sponsored or sanctioned by Texas Task Force 1.

(6)  "State agency" includes a department, board, commission, or institution of this state.

(7)  "Board" means the risk management board.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1205, Sec. 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1456, Sec. 14.02, eff. June 17, 2001; Acts 2003, 78th Leg., ch. 644, Sec. 3, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 3.288, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.09, eff. September 1, 2009.



Section  501.002.  Application Of General Workers' Compensation Laws; Limit On Actions And Damages.

(a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter:

(1)  Chapter 401, other than Section 401.012 defining "employee";

(2)  Chapter 402;

(3)  Chapter 403, other than Sections 403.001-403.005;

(4)  Chapters 404 and 405;

(5)  Subchapters B and D through H, Chapter 406, other than Sections 406.071(a), 406.073, and 406.075;

(6)  Chapter 408, other than Sections 408.001(b) and (c);

(7)  Chapters 409 and 410;

(8)  Subchapters A and G, Chapter 411, other than Sections 411.003 and 411.004;

(9)  Chapters 412-417; and

(10)  Chapter 451.

(b)  For the purposes of this chapter and Chapter 451, the individual state agency shall be considered the employer.

(c)  For the purpose of applying the provisions listed by Subsection (a) to this chapter, "insurer" or "employer" means "state," "office," "director," or "state agency," as applicable.

(d)  Neither this chapter nor Subtitle A authorizes a cause of action or damages against the state, a state agency, or an employee of the state beyond the actions and damages authorized by Chapter 101, Civil Practice and Remedies Code.

(e)  For the purposes of this chapter and Chapter 451, the adjutant general is considered the employer of a member of the state military forces while engaged in authorized training or duty.

(f)  For purposes of this chapter and Subchapter D, Chapter 88, Education Code, the Texas Engineering Extension Service of The Texas A&M University System shall perform all duties of an employer in relation to a Texas Task Force 1 member who is injured and receives benefits under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, Sec. 2.01, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1098, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1205, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 644, Sec. 4, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 3.289, eff. September 1, 2005.



Section  501.003.  Legal Beneficiary Of Deceased Employee.

(a) The provisions of this chapter and the rules of the board affecting an employee also apply to the legal beneficiary of a deceased employee.

(b)  In this section, "legal beneficiary" has the meaning assigned to that term under Section 401.011.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 4, eff. Sept. 1, 1997.



Subchapter B. Coverage

Section  501.021.  Workers' Compensation Coverage For Employees.

An employee with a compensable injury is entitled to compensation by the director as provided by this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section 501.022.  Employees Of Component Institutions Of Texas Tech University System.

(a) An eligible employee of Texas Tech University, Texas Tech University Health Sciences Center, Angelo State University, or another agency under the direction and control of the board of regents of Texas Tech University System is entitled to participate in the workers' compensation program for state employees provided under this chapter.

(b)  For purposes of this chapter, Texas Tech University is a state agency and shall act in the capacity of employer.

(c)  For purposes of this chapter, Texas Tech University Health Sciences Center is a state agency and shall act in the capacity of employer.

(d)  For purposes of this chapter, Angelo State University is a state agency and shall act in the capacity of employer.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, Sec. 2.02, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 179, Sec. 12, eff. September 1, 2007.



Section  501.024.  Exclusions From Coverage.

The following persons are excluded from coverage as an employee under this chapter:

(1)  a person performing personal services for the state as an independent contractor or volunteer;

(2)  a person who at the time of injury was performing services for the federal government and who is covered by some form of federal workers' compensation insurance;

(3)  a prisoner or inmate of a prison or correctional institution, other than a work program participant participating in a Texas Correctional Industries contract described by Section 497.006, Government Code;

(4)  a client or patient of a state agency;

(5)  a person employed by the Texas Department of Transportation who is covered under Chapter 505;

(6)  a person employed by The University of Texas System who is covered by Chapter 503; and

(7)  a person employed by The Texas A&M University System who is covered by Chapter 502.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.45, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1205, Sec. 7, eff. Sept. 1, 1999.



Section  501.025.  Coverage For Out-of-state Employees.

(a) An employee who performs services outside the state is entitled to benefits under this chapter even if the person:

(1)  is hired or not hired in this state;

(2)  does not work in this state;

(3)  works both in this state and out of state;

(4)  is injured outside this state; or

(5)  has been outside this state for more than one year.

(b)  An employee who elects to pursue remedies provided by the state where the injury occurred is not entitled to benefits under this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  501.026.  Coverage For Certain Services Provided By Volunteers.

(a) In this section, "disaster" means an occurrence in which the governor has issued a declaration of a state of disaster under Chapter 418, Government Code, or another occurrence that initiates the state emergency management plan.

(b)  A person not otherwise covered by workers' compensation insurance for the services performed under this section who performs volunteer services for the state in a disaster or in scheduled emergency response training under the direction of an officer or employee of the state is entitled to medical benefits under this chapter for an injury sustained by the person in the course of providing those services. For purposes of this subsection, an injury is not sustained in the course of providing services in a disaster unless the injury occurs while the state of disaster may reasonably be considered to be in existence.

(c)  A person employed by a political subdivision who is injured in the course of providing services described by Subsection (b) is entitled to benefits as provided by that subsection only if the services are performed outside the jurisdiction of the political subdivision by which the person is employed.

(d)  A person entitled to benefits under this section may receive the benefits only if the person seeks medical attention from a doctor for the injury not later than 48 hours after the occurrence of the injury or after the date the person knew or should have known the injury occurred.  The person shall comply with the requirements of Section 409.001 by providing notice of the injury to the division or the state agency with which the officer or employee under Subsection (b) is associated.

Added by Acts 1999, 76th Leg., ch. 985, Sec. 1, eff. June 18, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 3.290, eff. September 1, 2005.



Subchapter C. Administration

Section  501.0431.  Compilation Of Statistics Relating To Fraud.

The director shall maintain statistics on the number, type, and disposition of fraudulent claims for medical benefits under this chapter.

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 6.02(b), eff. Sept. 1, 1997.



Section  501.044.  Effect Of Sick Leave; Annual Leave.

(a) An employee may elect to use accrued sick leave before receiving income benefits. If an employee elects to use sick leave, the employee is not entitled to income benefits under this chapter until the employee has exhausted the employee's accrued sick leave.

(b)  An employee may elect to use all or any number of weeks of accrued annual leave after the employee's accrued sick leave is exhausted. If an employee elects to use annual leave, the employee is not entitled to income benefits under this chapter until the elected number of weeks of leave have been exhausted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 953, Sec. 2, eff. Sept. 1, 1999.



Section  501.045.  Effect Of Emergency Leave.

(a) Payments for emergency leave authorized by the administrative head of a state agency in accordance with the General Appropriations Act for an employee receiving income benefits under this chapter may not:

(1)  exceed for a month the amount computed by subtracting the amount of income benefits received for the month from the basic monthly wage of the employee; and

(2)  be paid for a period longer than six months after the date on which benefits begin.

(b)  The administrative head authorizing the emergency leave payments shall review the merits of each case individually.

(c)  If payment for emergency leave is authorized, the state agency shall attach a statement of the reasons for the authorization to its duplicate payroll voucher for the first payroll period affected by the leave.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  501.046.  Reports Of Termination Or Continuation Of Injuries.

In addition to other reports required by the board, the director shall file a subsequent report not later than the 10th day after the date of the termination of the injured employee's incapacity. If the employee's incapacity extends beyond 60 days, the director shall file a subsequent report before the 70th day after the date the employee's incapacity began.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1098, Sec. 5, eff. Sept. 1, 1997.



Section  501.048.  State Agency Summary In Budget Requests.

Each state agency shall submit in the administrative statement of its biennial budget request a summary containing:

(1)  the number of first reports of injury filed by the agency during the preceding biennium;

(2)  the amount of workers' compensation indemnity and medical benefits paid to or for employees during the preceding biennium;

(3)  the number of on-the-job injuries per 100 of its employees during each year of the preceding biennium; and

(4)  a description of the efforts made by the agency to increase job safety and to reduce job injuries, including the participation of the head of the agency and the executive staff of the agency in training programs offered by the division and others.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.



Section  501.050.  Notice Of Appeal; Notice Of Trial Court Judgment; Offense.

(a) In each case appealed from the division to a county or district court:

(1)  the clerk of the court shall mail to the division:

(A)  not later than the 20th day after the date the case is filed, a notice containing the style, number, and date of filing of the case; and

(B)  not later than the 20th day after the date the judgment is rendered, a certified copy of the judgment; and

(2)  the attorney preparing the judgment shall file the original and a copy of the judgment with the clerk.

(b)  An attorney's failure to comply with Subsection (a)(2) does not excuse the failure of a county or district clerk to comply with Subsection (a)(1)(B).

(c)  The clerk is not entitled to a fee for the services.

(d)  A county or district clerk who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $250.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265, Sec. 3.291, eff. September 1, 2005.



Section  501.051.  Payment Of Medical And Indemnity Benefits.

Medical benefit and income benefit payments made by the office are subject to this subtitle and are exempt from Chapter 2251, Government Code.

Added by Acts 1999, 76th Leg., ch. 953, Sec. 3, eff. Sept. 1, 1999.


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