This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:34 GMT

Title 28 - Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION

Chapter 41 - PRACTICE AND PROCEDURE

Subchapter A - COMMUNICATIONS

Chapter 42 - MEDICAL BENEFITS

Subchapter A - GENERAL MEDICAL PROVISIONS

Subchapter B - MEDICAL COST EVALUATION

Subchapter D - DISPUTE RESOLUTION

Chapter 43 - INSURANCE COVERAGE

43.5 - Notice That Employer Has Become Subscriber
43.10 - Termination of Coverage

Chapter 45 - EMPLOYER'S REPORT OF INJURY OR DISEASE

45.5 - Forms
45.10 - Employer's Report of Injury and Disease
45.13 - Wage Statement
45.20 - Board Request for Additional Information
45.25 - Employer's Supplemental Report of Injury
45.30 - Sanctions

Chapter 47 - EMPLOYEE NOTICE OF INJURY OR DEATH AND CLAIM FOR BENEFITS

47.5 - Information Constituting Claim
47.10 - Signature of Claimant
47.15 - Employer Advances Compensation
47.20 - Beneficiaries Filing Claim

Chapter 49 - PROCEDURES FOR FORMAL HEARINGS BY THE BOARD

Subchapter A - FORMAL HEARINGS

Subchapter B - SPECIAL FORMAL AND OTHER INVESTIGATIVE HEARINGS

Chapter 51 - AWARD OF THE BOARD

51.10 - Joint Payment of Award
51.15 - Periodic Installments
51.20 - Lump Sum Payment
51.25 - Request for Review
51.30 - Review of Award
51.50 - Payments of Attorney's Fees
51.65 - Attorney Fees

Chapter 53 - CARRIER'S REPORT OF INITIATION AND SUSPENSION OF COMPENSATION PAYMENTS

53.5 - Payment of Benefits Without Prejudice
53.10 - Written Notice of Injury Defined
53.15 - Board Notice to Carrier of Injury
53.20 - Notice of Initiation of Compensation; Mode of Payment of Compensation
53.22 - Application To Change the Benefits Payment Period
53.25 - Contents of Statement of Controversion or Statement of Position
53.30 - Filing of Wage Statement
53.35 - Notice of Suspension of Compensation
53.40 - Transmittal Letters
53.45 - Maximum Payment to Minor
53.48 - Payment of Partial Benefits for General Injuries
53.50 - Resumption of Compensation
53.55 - Payment for Amputation
53.60 - Application for Suspension of Compensation
53.63 - Suspension of Weekly Compensation
53.64 - Nonpayment of Compensation Based on Another Carrier's Liability
53.65 - Certification Procedure

Chapter 55 - LUMP SUM PAYMENTS

55.3 - Request for Advance Payment of Compensation
55.5 - Lump Sum Payments
55.10 - Settlements Final When Approved
55.15 - Compromise Settlement Agreements
55.20 - Execution of Compromise Settlement Agreement
55.25 - Loss of an Eye
55.30 - Hearing Impairment
55.35 - Stipulation of Medical Payments
55.40 - Attorney's Signature
55.45 - Percent of Medical Impairment
55.50 - Attorneys Fees and Expenses
55.55 - Compromise Settlement Agreement To Set Aside Award
55.60 - Consent Withdrawn
55.65 - Withdrawal of Consent by Death
55.75 - Tender Payment Time Period
55.80 - Waiving of Approval Appearance

Chapter 56 - STRUCTURED COMPROMISE SETTLEMENT AGREEMENTS

56.5 - Definitions
56.10 - Form
56.15 - Execution
56.20 - Personal Appearance by Claimant
56.25 - Medical Benefits
56.30 - Consent of Parties--Withdrawal
56.35 - Attorney's Signature
56.40 - Attorney's Fees and Expenses
56.45 - Tender Payment Time Period
56.50 - Final When Approved
56.55 - Annuity Company
56.60 - Payments Guaranteed
56.65 - Cost of the Annuity
56.70 - Structured Settlement Agreement To Set Aside Award

Chapter 59 - NOTICES OF INTENTION TO APPEAL

59.5 - Filing of Notice
59.10 - Receipt of Notice

Chapter 61 - PREHEARING CONFERENCES

61.5 - Request for Prehearing Conference
61.7 - Request of Prehearing Conference
61.15 - Setting under Texas Civil Statutes, Article 8306, §18a
61.20 - Setting on Hardship
61.25 - Setting at Carrier's Request
61.30 - Filing of Medical Information
61.35 - Exchange of Medical Information
61.40 - Additional Medical
61.45 - Charges for Reports
61.50 - Representatives Must Be Qualified
61.55 - Supply of Forms
61.60 - Attendance at Conference
61.65 - Request for Cancellation of Prehearing Conference
61.70 - Maintain Setting
61.75 - Failure To Appear
61.80 - Participation at Conference
61.85 - Carrier Self-Audit of Prehearing Conference
61.90 - Conduct at Prehearing Conference
61.95 - Consular Officers

Chapter 63 - PROMPTNESS OF FIRST PAYMENT

63.5 - Quarterly Report
63.10 - Sanctions for Late Payment

Chapter 64 - REPRESENTING CLAIMANTS BEFORE THE BOARD

64.25 - Discharged Attorney
64.30 - Adverse Representation in Claims for Death Benefits

Chapter 65 - UNETHICAL OR FRAUDULENT CLAIMS PRACTICES

65.5 - Practicing before the Board
65.10 - Actions by Carrier, Claimant's Attorney, and/or Agent
65.15 - Filing of Violation Report

Chapter 67 - ALLEGATIONS OF FRAUD

67.5 - Referral to Attorney General

Chapter 69 - MEDICAL EXAMINATION ORDERS

69.5 - Application of Chapter
69.10 - Definitions
69.15 - Carrier May Apply for Order from Board
69.20 - Application
69.25 - Bases for Denial
69.30 - Appeal
69.33 - Claimant's Medical Records
69.35 - Claimant's Expenses
69.40 - Attendance of Claimant's Health Care Provider
69.45 - Unreasonable Delay
69.50 - Reports of Examinations
69.55 - Failure To Attend Examination

Chapter 102 - PRACTICES AND PROCEDURES--GENERAL PROVISIONS

102.2 - Gifts, Grants, and Donations
102.3 - Computation of Time
102.4 - General Rules for Non-Division Communications
102.5 - General Rules for Written Communications to and from the Division
102.7 - Abbreviations
102.8 - Information Requested on Written Communications to the Division
102.9 - Submission of Information Requested by the Commission
102.10 - Interest, General
102.11 - Electronic Formats for Electronic Claim Data Request and Report

Chapter 104 - GENERAL PROVISIONS--RULE-MAKING

104.1 - Contents of Rulemaking Petitions

Chapter 109 - WORKERS' COMPENSATION COVERAGE FOR STATE EMPLOYEES

109.1 - State Agencies: General Provisions

Chapter 110 - REQUIRED NOTICES OF COVERAGE

Subchapter A - CARRIER NOTICES

Subchapter B - EMPLOYER NOTICES

Chapter 112 - SCOPE OF LIABILITY FOR COMPENSATION

112.101 - Agreement Regarding Workers' Compensation Insurance Coverage Between General Contractors and Subcontractors
112.102 - Agreements between Motor Carriers and Owner Operators
112.200 - Definition of Residential Structures
112.201 - Agreement To Establish Employer-Employee Relationship for Certain Building and Construction Workers
112.202 - Joint Agreement To Affirm Independent Relationship for Certain Building and Construction Workers
112.203 - Exception to Application of Agreement to Affirm Independent Relationship for Certain Building and Construction Workers
112.301 - Labor Agent's Notification of Coverage to Certain Farm or Ranch Employees
112.401 - Election of Coverage by Certain Professional Athletes
112.402 - Determination of Equivalent Benefits for Professional Athletes

Chapter 114 - SELF-INSURANCE

114.1 - Purpose
114.2 - Definitions
114.3 - Application Form and Financial Information Requirements
114.4 - Security Deposit Requirements
114.5 - Excess Insurance Requirements
114.6 - Safety Program Requirements
114.7 - Certification Process
114.8 - Refusal To Certify an Employer
114.9 - Required Safety Program Inspections
114.10 - Claims Contractor Requirements
114.11 - Audit Program
114.12 - Required Reporting
114.13 - Required Notices to the Division
114.14 - Impaired Employer
114.15 - Revocation or Suspension of Certificate of Authority to Self-Insure
114.16 - Withdrawal from Self-Insurance

Chapter 116 - GENERAL PROVISIONS--SUBSEQUENT INJURY FUND

116.11 - Request for Reimbursement from the Subsequent Injury Fund
116.12 - Subsequent Injury Fund Payment/Reimbursement Schedule

Chapter 120 - COMPENSATION PROCEDURE--EMPLOYERS

120.1 - Employer's Record of Injuries
120.2 - Employer's First Report of Injury and Notice of Injured Employee Rights and Responsibilities
120.3 - Employer's Supplemental Report of Injury
120.4 - Employer's Wage Statement

Chapter 122 - COMPENSATION PROCEDURE--CLAIMANTS

Subchapter A - CLAIMS PROCEDURE FOR INJURED EMPLOYEES

Subchapter B - CLAIMS PROCEDURE FOR BENEFICIARIES OF INJURED EMPLOYEES

Chapter 124 - INSURANCE CARRIERS: NOTICES, PAYMENTS, AND REPORTING

Subchapter A - INSURANCE CARRIERS: REQUIRED NOTICES AND MODES OF PAYMENT

Subchapter B - INSURANCE CARRIER CLAIM ELECTRONIC DATA INTERCHANGE REPORTING TO THE DIVISION

Chapter 126 - GENERAL PROVISIONS APPLICABLE TO ALL BENEFITS

126.1 - Definitions Applicable to All Benefits
126.2 - Payment of Benefits to Minors
126.3 - Payment of Benefits to Legally Incompetent Persons
126.4 - Advance of Benefits Based on Financial Hardship
126.5 - Entitlement and Procedure for Requesting Required Medical Examinations
126.6 - Required Medical Examination
126.8 - Commission Approved Doctor List
126.9 - Choice of Treating Doctor and Liability for Payment
126.11 - Extension of the Date of Maximum Medical Improvement for Spinal Surgery
126.12 - Payment of Interest on Accrued but Unpaid Income Benefits
126.13 - Employer Initiation of Benefits and Reimbursement
126.14 - Treating Doctor Examination to Define the Compensable Injury
126.15 - Procedures for Resolution of Underpayments of Income Benefits
126.16 - Procedures for Recouping Overpayments of Income Benefits
126.17 - Guidelines for Examination by a Treating Doctor or Referral Doctor After a Designated Doctor Examination to Address Issues Other Than Certification of Maximum Medical Improvement and the Evaluation of Permanent Impairment

Chapter 127 - DESIGNATED DOCTOR PROCEDURES AND REQUIREMENTS

Subchapter A - DESIGNATED DOCTOR SCHEDULING AND EXAMINATIONS

Subchapter B - DESIGNATED DOCTOR CERTIFICATION, RENEWAL, AND QUALIFICATIONS

Subchapter C - DESIGNATED DOCTOR DUTIES AND RESPONSIBILITIES

Chapter 128 - BENEFITS--CALCULATION OF AVERAGE WEEKLY WAGE

128.1 - Average Weekly Wage: General Provisions
128.2 - Carrier Presumption of Employee's Average Weekly Wage
128.3 - Average Weekly Wage Calculation for Full-Time Employees, and for Temporary Income Benefits for All Employees
128.4 - Average Weekly Wage Calculation for Part-Time Employees
128.5 - Average Weekly Wage Calculation for Seasonal Employees
128.6 - Average Weekly Wage Adjustment for Certain Employees Who Are Also Minors, Apprentices, Trainees, or Students
128.7 - Average Weekly Wage for School District Employees

Chapter 129 - INCOME BENEFITS--TEMPORARY INCOME BENEFITS

129.1 - Definitions for Temporary Income Benefits
129.2 - Entitlement to Temporary Income Benefits
129.3 - Amount of Temporary Income Benefits
129.4 - Adjustment of Temporary Income Benefit Amount
129.5 - Work Status Reports
129.6 - Bona Fide Offers of Employment
129.7 - Non-Reimbursable Employer Payments
129.11 - Agreement for Monthly Payment of Temporary Income Benefits

Chapter 130 - IMPAIRMENT AND SUPPLEMENTAL INCOME BENEFITS

Subchapter A - IMPAIRMENT INCOME BENEFITS

Subchapter B - SUPPLEMENTAL INCOME BENEFITS

Chapter 131 - BENEFITS--LIFETIME INCOME BENEFITS

Subchapter A - GENERAL PROVISIONS

Subchapter B - LIFETIME INCOME BENEFITS--CERTAIN FIRST RESPONDERS

Chapter 132 - DEATH BENEFITS--DEATH AND BURIAL BENEFITS

132.1 - Calculation of Death Benefits
132.2 - Determination of Facts of Dependent Status
132.3 - Eligibility of Spouse To Receive Death Benefits
132.4 - Eligibility of a Child To Receive Death Benefits
132.5 - Eligibility of a Grandchild To Receive Death Benefits
132.6 - Eligibility of Other Surviving Dependents and Eligible Parents To Receive Death Benefits
132.7 - Duration of Death Benefits for Eligible Spouse
132.8 - Duration of Death Benefits for an Eligible Child
132.9 - Duration of Death Benefits for an Eligible Grandchild, Eligible Dependent, and Eligible Parent
132.10 - Payment of Death Benefits to the Subsequent Injury Fund
132.11 - Distribution of Death Benefits
132.12 - Redistribution of Death Benefits
132.13 - Burial Benefits
132.14 - Autopsy
132.15 - Definitions
132.16 - Change in Payment Periods; Purchase of Annuity for Death Benefits
132.17 - Denial, Dispute, and Payment of Death Benefits

Chapter 133 - GENERAL MEDICAL PROVISIONS

Subchapter A - GENERAL RULES FOR MEDICAL BILLING AND PROCESSING

Subchapter B - HEALTH CARE PROVIDER BILLING PROCEDURES

Subchapter C - MEDICAL BILL PROCESSING/AUDIT BY INSURANCE CARRIER

Subchapter D - DISPUTE OF MEDICAL BILLS

Subchapter G - ELECTRONIC MEDICAL BILLING, REIMBURSEMENT, AND DOCUMENTATION

Chapter 134 - BENEFITS--GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS

Subchapter A - MEDICAL REIMBURSEMENT POLICIES

Subchapter B - MISCELLANEOUS REIMBURSEMENT

Subchapter C - MEDICAL FEE GUIDELINES

Subchapter E - HEALTH FACILITY FEES

Subchapter F - PHARMACEUTICAL BENEFITS

Subchapter G - PROSPECTIVE AND CONCURRENT REVIEW OF HEALTH CARE

Subchapter I - MEDICAL BILL REPORTING

Subchapter J - REVIEWS AND AUDITS

Chapter 136 - BENEFITS--VOCATIONAL REHABILITATION

136.1 - Review of Employer Report of Injury

Chapter 137 - DISABILITY MANAGEMENT

Subchapter A - GENERAL PROVISIONS

Subchapter B - RETURN TO WORK

Subchapter C - TREATMENT GUIDELINES

Chapter 140 - DISPUTE RESOLUTION--GENERAL PROVISIONS

140.1 - Definitions
140.2 - Special Accommodations
140.3 - Expedited Proceedings
140.4 - Conduct and Decorum
140.5 - Correction of Clerical Error
140.6 - Subclaimant Status: Establishment, Rights, and Procedures
140.7 - Health Care Insurer Reimbursement under Labor Code §409.0091
140.8 - Procedures for Health Care Insurers to Pursue Reimbursement of Medical Benefits under Labor Code §409.0091
140.9 - Requests by Parties

Chapter 141 - DISPUTE RESOLUTION--BENEFIT REVIEW CONFERENCE

141.1 - Requesting and Setting a Benefit Review Conference
141.2 - Canceling or Rescheduling a Benefit Review Conference
141.3 - Failure to Attend a Benefit Review Conference
141.4 - Sending and Exchanging Pertinent Information
141.5 - Description of the Benefit Review Conference
141.7 - Division Actions After a Benefit Review Conference

Chapter 142 - DISPUTE RESOLUTION--BENEFIT CONTESTED CASE HEARING

142.1 - Application of the Administrative Procedure Act
142.2 - Authority of the Administrative Law Judge
142.3 - Ex Parte Communications
142.4 - Delivery of Copies to All Parties
142.5 - Sequence of Proceedings to Resolve Benefit Disputes
142.6 - Setting a Benefit Contested Case Hearing
142.7 - Statement of Disputes
142.8 - Summary Procedures
142.9 - Stipulations, Agreements, and Settlements
142.10 - Continuance
142.11 - Failure To Attend a Benefit Contested Case Hearing
142.12 - Subpoena
142.13 - Discovery
142.14 - Permission To Use Court Reporter
142.16 - Decision
142.17 - Transcript or Duplicate of the Hearing Audiotape
142.18 - Special Provisions for Cases on Remand from the Appeals Panel
142.19 - Form Interrogatories
142.20 - Interlocutory Orders

Chapter 143 - DISPUTE RESOLUTION REVIEW BY THE APPEALS PANEL

143.1 - Definitions
143.2 - Description of the Appeal Proceeding
143.3 - Requesting the Appeals Panel to Review the Decision of the Administrative Law Judge
143.4 - Responding to a Request for Review by the Appeals Panel
143.5 - Decision of the Appeals Panel

Chapter 144 - DISPUTE RESOLUTION

Subchapter A - ARBITRATION

Chapter 147 - DISPUTE RESOLUTION--AGREEMENTS, SETTLEMENTS, COMMUTATIONS

147.1 - Form and Execution
147.4 - Agreements; Filing and Effective Dates
147.5 - Settlements: Requirements, Effective Dates, and Informal Settlement Conferences
147.7 - Agreements and Settlements: Effect on Previously Entered Decisions and Orders
147.10 - Commutation of Impairment Income Benefits
147.11 - Notification to Division of Proposed Judgments and Settlements

Chapter 148 - HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS

148.1 - Definitions
148.2 - Scope and Applicability
148.3 - Requesting a Hearing
148.4 - Correction of Clerical Error
148.5 - Notice of Hearing
148.6 - Venue
148.7 - Representation
148.8 - Withdrawal of Hearing Request
148.10 - Hearings Subpoenas to Compel Attendance and Subpoenas Duces Tecum
148.11 - Commissions to Compel Attendance for Deposition
148.13 - Recording the Hearing
148.14 - Burden of Proof
148.15 - Final Decision by the ALJ
148.16 - Proposal for Decision or Order by the ALJ
148.17 - Special Provisions for Sanctions
148.19 - Transcript or Duplicate of the Hearing Audiotape or Videotape
148.20 - Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents
148.21 - Expenses to be Paid by Party Seeking Judicial Review
148.22 - Failure to Appear or Comply with Order or Decision, Administrative Violation
148.23 - Division Enforcement of Orders
148.24 - Confidentiality of Records

Chapter 150 - REPRESENTATION OF PARTIES BEFORE THE AGENCY--QUALIFICATIONS FOR REPRESENTATIVES

150.1 - Minimum Standards of Practice for an Attorney
150.2 - Qualification and Authorization of Attorney To Practice before the Commission
150.3 - Representatives: Written Authorization Required

Chapter 152 - ATTORNEY FEES

152.1 - Attorney Fees: General Provisions
152.2 - Attorney Fees: Representation of Claimants
152.3 - Approval or Denial of Fee by the Division
152.4 - Guidelines for Legal Services Provided to Claimants and Insurance Carriers
152.5 - Allowable Expenses
152.6 - Attorney Withdrawal

Chapter 156 - REPRESENTATION OF PARTIES BEFORE THE AGENCY--CARRIER'S AUSTIN REPRESENTATIVE

156.1 - Carrier's Austin Representative

Chapter 160 - REPORTS OF INJURY AND OCCUPATIONAL DISEASE--GENERAL PROVISIONS

160.1 - Applicability
160.2 - Non-Subscribing Employer's Report of Injury
160.3 - Subscribing Employer's Report of Injury

Chapter 165 - REJECTED RISK: INJURY PREVENTION SERVICES

165.1 - Identification and Notification of Certain Policyholders Insured by the Texas Mutual Insurance Company Acting as the Insurer of Last Resort
165.2 - Safety Consultation
165.3 - Formulation and Components of Accident Prevention Plan
165.4 - Request for Safety Consultation From the Division
165.5 - Reimbursement of Division for Services Provided to Rejected Risk Employers
165.6 - Follow-up Inspection of the Policyholder's Premises by the Division
165.7 - Report of Follow-Up Inspection

Chapter 166 - ACCIDENT PREVENTION SERVICES

166.1 - Definitions of Terms
166.2 - Adequacy of Accident Prevention Services
166.3 - Annual Information Submitted by Insurance Companies
166.5 - Inspections of Adequacy of Accident Prevention Facilities and Services

Chapter 180 - MONITORING AND ENFORCEMENT

Subchapter A - GENERAL RULES FOR ENFORCEMENT

Subchapter B - MEDICAL BENEFIT REGULATION

Subchapter C - MEDICAL QUALITY REVIEW PANEL