Texas Workers' Compensation

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§ 147.9. Requirements for Agreements and Settlements

(a) An agreement or settlement may not:

(1) limit or terminate the employee’s right to medical benefits; or

(2) provide for commutation of any unaccrued income benefits, except for advances, accelerations, or payments of impairment income benefits, as provided by the Texas Workers’ Compensation Act (the Act), § 4.27.

(b) An agreement resolving a dispute about impairment rating, or a settlement:

(1) may not be made until the employee has reached maximum medical improvement; and

(2) must adopt an impairment rating established by a doctor pursuant to the Act, § 4.26.

(c) A settlement:

(1) must establish that the carrier is liable for the claim;

(2) must establish that the claim is compensable;

(3) must establish that the employee is entitled to benefits;

(4) must incorporate by reference all prior oral and written agreements between the parties; and

(5) must state that a final resolution has been reached on all issues in the claim, and that the parties waive their rights to subsequent commission proceedings, other than those necessary to resolve medical benefit disputes or to enforce compliance with the terms of the settlement.

The provisions of this § 147.9 adopted to be effective April 25, 1991, 16 TexReg 2097.

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At a Glance:

Title:

§ 147.9. Requirements for Agreements and Settlements

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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