Texas Workers' Compensation

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§ 136.1. Review of Employer Report of Injury

(a) The division shall analyze each employer report of injury, within 30 days of its receipt, for any information indicating that the injured employee had or is likely to have:

(1) an amputation of:

(A) an arm or leg;

(B) three fingers or more; or

(C) the large toe or one-third of the foot or more;

(2) the loss of use of an arm or leg;

(3) a permanent spinal cord injury;

(4) a head injury;

(5) a heart attack or heart disease;

(6) an occupational disease;

(7) blindness or significant vision loss;

(8) severe or extensive burns;

(9) any other condition that indicates an impairment is likely; or

(10) any injury resulting in more than 30 days lost time. Such injury shall be reviewed and a determination made as to the degree of impairment and the appropriateness of vocational rehabilitation services.

(b) Whenever the division finds facts that suggest one or more of the conditions listed in subsection (a) of this section, the division shall notify the injured employee and the Texas Workforce Commission that the division has identified an injured employee who may be assisted by vocational rehabilitation. The notice shall:

(1) be made no later than 60 days after the date the division received the employer report of injury; and

(2) contain the following information:

(A) the workers’ compensation claim number assigned by the division;

(B) the address of the local office of the division assigned to manage the claim;

(C) the insurance carrier’s name and division assigned identification number (if any);

(D) the name, address, and phone number of the injured employee; and

(E) the condition listed in subsection (a) of this section, that indicates that the injured employee may be assisted by vocational rehabilitation.

(c) In addition to the information required by subsection (b) of this section, the division’s notice to the injured employee shall contain the following:

(1) the address and telephone number of the central office of the Texas Workforce Commission; and

(2) a statement that the division notified the Texas Workforce Commission that the injured employee may be assisted by vocational rehabilitation.

The provisions of this §136.1 adopted to be effective March 18, 1991, 16 TexReg 1367; amended to be effective February 3, 2011, 36 TexReg 427; amended to be effective April 15, 2018, 43 TexReg 2155.

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At a Glance:

Title:

§ 136.1. Review of Employer Report of Injury

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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