HBA NRS-CCH H.B. 2566 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2566
By: Dunnam
Business & Industry
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides a formal dispute resolution process, including a
contested case hearing, to resolve contested workers' compensation claims.
During a contested case hearing, each party may question witnesses and
introduce evidence in support of its case. After examining both evidence
and testimony, a hearing officer issues a decision on the dispute.  

If either party disagrees with the hearing officer's decision, current law
provides that the decision may be appealed to the Texas Workers'
Compensation Commission's appeals panel (panel) within 15 days after the
decision of the hearing officer. The appellant is required to file a
written request for an appeal with the panel and to serve a copy of the
request for appeal on the other party on the same day. The respondent is
then required to file a written response with the panel within 15 days
after the copy of the request for appeal is served and to serve a copy of
the response on the appellant on the same day. House Bill 2566 specifies
that Saturdays, Sundays, and holidays are not included in a computation of
the respective 15-day periods and authorizes the Texas Workers'
Compensation Commission to provide an extension. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Workers' Compensation
Commission in SECTION 1 (Section 410.202, Labor Code) of this bill. 

ANALYSIS

House Bill 2566 amends the Labor Code to provide that Saturdays, Sundays,
and holidays are not included in the computation of the time in which a
request for an appeal or a response must be filed in a workers'
compensation dispute. The bill authorizes the Texas Workers' Compensation
Commission by rule to provide for the extension of the time for filing a
request for an appeal or a response if good cause is shown by the party
seeking the extension. 

EFFECTIVE DATE

September 1, 2001.