(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, § 1, eff. Sept. 1, 1993.
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), § 3.326, eff. September 1, 2005.