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
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.