CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE FOR EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION
LABOR CODE
TITLE 5. WORKERS' COMPENSATION
SUBTITLE C. WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN
GOVERNMENT EMPLOYEES
CHAPTER 505. WORKERS' COMPENSATION INSURANCE COVERAGE FOR
EMPLOYEES OF TEXAS DEPARTMENT OF TRANSPORTATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 505.001. DEFINITIONS. (a) In this chapter:
(1) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(32),
eff. September 1, 2005.
(2) "Department" means the Texas Department of Transportation.
(3) "Employee" means a person in the service of the department
under an appointment or express contract of hire and whose name
appears on the department's payroll.
(4) "Legal beneficiary" has the meaning assigned to that term
under Section 401.011.
(b) A reference in this chapter to an employee who has been
injured includes the employee's legal beneficiary if the injured
employee is dead.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 7.01(32), eff. September 1, 2005.
Sec. 505.002. 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, D, E, and H, Chapter 406, other than Sections
406.071-406.073, 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 purpose of applying the provisions listed by
Subsection (a) to this chapter, "employer" means "department."
(c) Neither this chapter nor Subtitle A authorizes a cause of
action or damages against the department or an employee of the
department 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. 3.323, eff. September 1, 2005.
SUBCHAPTER B. COVERAGE
Sec. 505.011. WORKERS' COMPENSATION COVERAGE FOR DEPARTMENT
EMPLOYEES. The department shall pay benefits as provided by this
chapter to an employee with a compensable injury.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 505.012. AUTHORITY TO SELF-INSURE. The department may
self-insure.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 505.013. INDIVIDUALS EMPLOYED BY SUBCONTRACTORS. (a)
Except as provided by Subsection (b), an individual employed by a
subcontractor performing work under contract with the department
is not considered an employee for purposes of this chapter.
(b) The department shall treat a person leasing a tractor, a
truck, mowing or cutting machinery, or other equipment to the
department and using the equipment to perform work under a
contract with the department:
(1) as an independent contractor, and the department shall
require the person, while performing the contract, to provide
life, health and accident, and disability insurance for the
person and any individual employed by the person to perform the
contract in an amount and with coverage approved by the Texas
Department of Insurance as substantially the same as provided for
under workers' compensation insurance;
(2) as an employee of the state for workers' compensation
purposes, and the department shall require the person to provide
workers' compensation insurance for each individual employed by
the person to perform the contract, in which case this chapter
applies to the person and the individuals employed by the person
without regard to the number of individuals employed; or
(3) as an employee of the state for workers' compensation
purposes, and each individual employed by that person to perform
the contract as an employee of the state for workers'
compensation purposes.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER C. ADMINISTRATION
Sec. 505.051. ADMINISTRATION; RULES; FORMS. (a) The department
shall administer this chapter.
(b) Process and procedure under this chapter shall be as summary
as possible.
(c) The department may:
(1) adopt rules and prescribe and furnish forms necessary to
effectively administer this chapter; and
(2) adopt and enforce necessary rules for the prevention of
accidents and injuries.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 505.052. PERCENTAGE OF PAYROLL SET ASIDE FOR WORKERS'
COMPENSATION EXPENSES; ACCOUNT; REPORTS. (a) The department may
set aside from its available appropriations, other than itemized
appropriations, an amount not exceeding three and one-half
percent of the department'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 department's records. The balance of
the account at any time may not exceed an amount equal to three
and one-half percent of the department's annual payroll.
(c) The account shall 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. 505.053. CERTIFIED COPIES OF DIVISION DOCUMENTS. (a) The
division of workers' compensation shall furnish a certified copy
of an order, award, decision, or paper on file with the division
to a person entitled to the copy on written request and payment
of the fee for the copy. The fee shall be the same as that
charged for similar services by the secretary of state's office.
(b) The department may obtain certified copies under this
section without charge.
(c) A fee or salary may not be paid to an employee of the
division of workers' compensation for making the copies that
exceeds the fee charged for the copies.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.324, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
265, Sec. 3.325, eff. September 1, 2005.
Sec. 505.054. PREEMPLOYMENT PHYSICAL REQUIRED; EXAMINING
PHYSICIANS. (a) An individual may not be certified as an
employee of the department 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 to be physically fit
to perform the duties and services to which the individual is to
be assigned.
(b) Absence of a physical examination under this section does
not bar recovery.
(c) The department shall designate a convenient number of
regularly licensed practicing physicians to make physical
examinations of individuals employed by or to be employed by the
department to determine if the individuals are physically fit to
be classified as department employees.
(d) A physician designated under Subsection (c) who conducts an
examination shall file with the department a complete transcript
of the examination on a form furnished by the department. The
department shall maintain all reports under this subsection as
part of the department's permanent records. A report under this
subsection is admissible in evidence before the division of
workers' compensation and in an appeal from a final award or
ruling of the commissioner of workers' compensation in which the
individual named in the examination is a claimant for
compensation under this chapter. A report under this subsection
that is admitted is prima facie evidence of the facts stated in
the report.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.326, eff. September 1, 2005.
Sec. 505.055. REPORTS OF INJURIES. (a) A report of an injury
filed with the division of workers' compensation under Section
409.005, in addition to the information required by commissioner
of workers' compensation rules, must contain:
(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) In addition to subsequent reports of an injury filed with
the division of workers' compensation under Section 409.005(e),
the department shall file a subsequent 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. 3.327, eff. September 1, 2005.
Sec. 505.056. REQUIRED EXAMINATION OF INJURED EMPLOYEE; REFUSAL
TO SUBMIT TO EXAMINATION. (a) The division of workers'
compensation 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) 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.
(c) The department 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 selected by the department. The department shall pay
for an examination under this subsection and for the employee's
reasonable expenses incident to the examination.
(d) On the request of an employee or the department, the
employee or the department is entitled to have a physician
selected by the employee or the department present to participate
in an examination under Subsection (a) or Section 408.004. The
employee is entitled to have a physician selected by the employee
present to participate in an examination under Subsection (c).
The department shall pay the fee set by the commissioner of
workers' compensation of a physician selected by the employee
under this subsection.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.328, eff. September 1, 2005.
Sec. 505.057. REFUSAL TO SUBMIT TO MEDICAL TREATMENT. (a) The
commissioner of workers' compensation may order or direct the
department to reduce or suspend the compensation of an injured
employee if the employee:
(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, 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. 3.329, eff. September 1, 2005.
Sec. 505.058. POSTPONEMENT OF HEARING. If an injured employee
is receiving benefits under this chapter and the department is
providing hospitalization or medical treatment to the employee,
the division of workers' compensation may postpone the hearing of
the employee's claim. An appeal may not be taken from an order
of the commissioner of workers' compensation under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.330, eff. September 1, 2005.
Sec. 505.059. NOTICE OF APPEAL; NOTICE OF TRIAL COURT JUDGMENT;
OFFENSE. (a) In each case appealed from the division of
workers' compensation 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. 3.331, eff. September 1, 2005.
Sec. 505.060. 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.
Added by Acts 2001, 77th Leg., ch. 706, Sec. 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1017, Sec. 2.01, eff. Sept. 1,
2002; Acts 2001, 77th Leg., ch. 1456, Sec. 14.03, eff. June 17,
2001.