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 - Texas Statutes

LABOR CODE

TITLE 5. WORKERS' COMPENSATION

SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN

GOVERNMENT EMPLOYEES

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

Sec. 502.001. DEFINITIONS. In this chapter:

(1) "Division" means the division of workers' compensation of

the Texas Department of Insurance.

(2) "Employee" means a person employed in the service of an

institution whose name appears on the institution's payroll.

(3) "Institution" means an institution of higher education or

agency under the direction or governance of the board of regents

of The Texas A&M University System.

(4) "System" has the meaning assigned by Section 85.01(1),

Education Code.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.293, eff. September 1, 2005.

Sec. 502.002. APPLICATION OF GENERAL WORKERS' COMPENSATION LAWS;

LIMIT ON ACTIONS AND DAMAGES. (a) The following provisions of

Subtitle A 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) Sections 406.031-406.033; Subchapter D, Chapter 406;

Sections 406.092 and 406.093;

(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; and

(9) Chapters 412-417.

(b) For the purpose of applying the provisions listed by

Subsection (a) to this chapter, "employer" means "the

institution," and "system" means the insurance carrier under

Section 502.022.

(c) Neither this chapter nor Subtitle A authorizes a cause of

action or damages against the system or any institution or

employee of the system or institution beyond the actions and

damages authorized by Chapter 101, Civil Practice and Remedies

Code.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.294, eff. September 1, 2005.

Sec. 502.003. LEGAL BENEFICIARY OF DECEASED EMPLOYEE. (a) A

reference in this chapter to an injured employee includes the

legal beneficiaries of the employee if the injured employee is

dead.

(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.

SUBCHAPTER B. COVERAGE

Sec. 502.021. WORKERS' COMPENSATION COVERAGE FOR INSTITUTION

EMPLOYEES. (a) The system shall pay benefits as provided by

this chapter to an employee with a compensable injury.

(b) A benefit under this section for an employee who is employed

on less than a full workday basis may not exceed 60 percent of

the employee's average weekly wage as computed under Section

408.042.

(c) A benefit shall be paid weekly as it accrues directly to the

person entitled to it unless the liability is redeemed as

provided by this chapter.

(d) In this section, "average weekly wage" has the meaning

assigned to that term by Subchapter C, Chapter 408.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.295, eff. September 1, 2005.

Sec. 502.022. AUTHORITY TO SELF-INSURE. An institution may

self-insure.

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

Sec. 502.023. INSURANCE REQUIREMENT. (a) The board of regents

of the system may require each employee, as a condition of

employment, to acquire protection under a group life and accident

insurance plan approved by the board.

(b) This section does not apply to an employee who is paid on a

piece-work basis or on any basis other than by the hour, day,

week, month, or year.

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

Sec. 502.024. PREEXISTING DISQUALIFYING CONDITION. (a) An

institution may certify as an employee a person who indicates a

preexisting disqualifying physical condition in a medical history

obtained under Section 502.064 or who is found to have a

preexisting disqualifying medical condition in a physical

examination under Section 502.064 on the condition that the

person execute in writing a waiver of coverage under this chapter

for the preexisting disqualifying physical condition before

becoming an employee of the institution.

(b) A waiver under Subsection (a) is valid and binding on the

employee who executes the waiver. Compensation or death benefits

may not be paid to the employee or the employee's beneficiaries

for an injury or death of the employee that is attributable to

the condition for which coverage was waived.

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

Sec. 502.025. COVERAGE FOR OUT-OF-STATE EMPLOYEES. (a) An

employee who performs services outside this 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 this

state where the injury occurred is not entitled to benefits under

this chapter.

Added by Acts 2003, 78th Leg., ch. 1266, Sec. 4.02, eff. June 20,

2003.

SUBCHAPTER C. OFFSETS

Sec. 502.041. EXHAUSTION OF ANNUAL AND SICK 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 2005, 79th Leg., Ch.

265, Sec. 3.296, eff. September 1, 2005.

SUBCHAPTER D. ADMINISTRATION

Sec. 502.061. ADMINISTRATION AND RULES. (a) The system shall

administer this chapter.

(b) Process and procedure under this chapter shall be as summary

as possible.

(c) The system may:

(1) adopt and publish rules and prescribe and furnish forms

necessary for the administration of this chapter; and

(2) adopt and enforce rules necessary for the prevention of

accidents and injuries.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.297, eff. September 1, 2005.

Sec. 502.062. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'

COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) An institution may

set aside from its available appropriations, other than itemized

salary appropriations, an amount not to exceed two percent of the

institution's annual payroll for the payment of administrative

expenses, charges, benefits, and awards under this chapter.

(b) The amount set aside under Subsection (a) shall be set up in

a separate account in the institution's records. The balance of

the account at any time may not exceed an amount equal to two

percent of the institution's annual payroll.

(c) The account must show the disbursements authorized by this

chapter. A statement of the amount set aside for the account and

the disbursements from the account shall be included in the

reports made to the governor and the legislature as required by

law.

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

Sec. 502.063. CERTIFIED COPIES OF DIVISION DOCUMENTS. (a) The

division shall furnish a certified copy of an order, award,

decision, or paper on file in the division's office to a person

entitled to the copy on written request and payment of the fee

for the copy. The fee is the same as that charged for similar

services by the secretary of state's office.

(b) The system or an institution may obtain certified copies

under this section without charge.

(c) A fee or salary may not be paid to an employee of the

division for making a copy under Subsection (a) that exceeds the

fee charged for the copy.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.298, eff. September 1, 2005.

Sec. 502.064. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING

PHYSICIANS; INSTITUTION RECORDS. (a) An institution may obtain

and record on a form prescribed by the institution the medical

history of a person to be employed by the institution.

(b) The institution may require that an individual may not be

certified as an employee of the institution under this chapter

until the individual:

(1) submits to a physical examination as provided by this

section; and

(2) is certified by the examining physician or chiropractor to

be physically fit to perform the duties and services to which the

individual is to be assigned.

(c) The institution may designate a convenient number of

licensed practicing physicians and chiropractors to perform

physical examinations under this section.

(d) A physician or chiropractor designated under Subsection (c)

who conducts an examination shall file with the institution a

complete transcript of the examination. The transcript must be

sworn to on a form provided by the institution.

(e) The institution shall maintain all reports and medical

histories filed with the institution under this section as part

of the institution's permanent records.

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

Sec. 502.065. REPORTS OF INJURIES. (a) In addition to a report

of an injury filed with the division under Section 409.005(a), an

institution shall file a supplemental report that contains:

(1) the name, age, sex, and occupation of the injured employee;

(2) the character of work in which the employee was engaged at

the time of the injury;

(3) the place, date, and hour of the injury; and

(4) the nature and cause of the injury.

(b) The institution shall file the supplemental report on a form

obtained for that purpose:

(1) on the termination of incapacity of the injured employee; or

(2) if the incapacity extends beyond 60 days.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.299, eff. September 1, 2005.

Sec. 502.066. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL

TO SUBMIT TO EXAMINATION. (a) The division may require an

employee who claims to have been injured to submit to an

examination by the division or a person acting under the

division's authority at a reasonable time and place in this

state.

(b) On the request of an employee or the system, the employee,

the institution, or the system is entitled to have a physician or

chiropractor selected by the employee, the institution, or the

system, as appropriate, present to participate in an examination

under Subsection (a) or Section 408.004.

(c) An employee is not entitled to compensation during or for a

period in which the employee refuses to submit to an examination

under Subsection (a) or Section 408.004.

(d) The system or the institution may have an injured employee

examined at a reasonable time and at a place suitable to the

employee's condition and convenient and accessible to the

employee by a physician or chiropractor selected by the system or

the institution. The system or the institution shall pay for an

examination under this subsection and for the employee's

reasonable expenses incident to the examination. The employee is

entitled to have a physician or chiropractor selected by the

employee present to participate in an examination under this

subsection.

(e) The system or the institution shall pay the fee set by the

division for the services of a physician or chiropractor selected

by the employee under Subsection (b) or (d).

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.300, eff. September 1, 2005.

Sec. 502.067. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a) The

commissioner of workers' compensation may order or direct the

system or the institution to reduce or suspend the compensation

of an injured employee who:

(1) persists in insanitary or injurious practices that tend to

imperil or retard the employee's recovery; or

(2) refuses to submit to medical, surgical, chiropractic, or

other remedial treatment recognized by the state that is

reasonably essential to promote the employee's recovery.

(b) Compensation may not be reduced or suspended under this

section without reasonable notice to the employee and an

opportunity to be heard.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.301, eff. September 1, 2005.

Sec. 502.068. POSTPONEMENT OF HEARING. If an injured employee

is receiving benefits under this chapter and the system or the

institution is providing hospitalization, medical treatment, or

chiropractic care to the employee, the division may postpone the

hearing on the employee's claim. An appeal may not be taken from

a division order under this section.

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

Amended by:

Acts 2005, 79th Leg., Ch.

265, Sec. 3.302, eff. September 1, 2005.

Sec. 502.069. 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 duties of a county or district clerk under Subsection

(a)(1) are part of the clerk's ex officio duties, and 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 section 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. 3.303, eff. September 1, 2005.

Sec. 502.070. ATTORNEY GENERAL AS LEGAL REPRESENTATIVE. The

attorney general is the institution's legal representative and

may bring and defend all suits and hearings necessary to carry

out the purposes of this chapter.

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