State News : Texas

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.

NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

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2B or Not 2B?

That may soon be the question.  Ever since reporting back in February 2022 that changes to TDI’s Plain Language Notice forms were on the horizon, eager system participants have been dying to know when they will be able to use the new versions.  The wait is almost over!  The new PLNs become effective on the not-at-all-random date of July 26, 2023.
The new PLN-2B (Notice of First Payment of Income Benefits on an Acquired Claim) distinguishes itself from the rechristened PLN-2A (Notice of First Temporary Income Benefit Payment) by apprising its recipient that his/her claim administrator has changed and will be sending its first payment.  Astute readers will notice that 2A is limited to Temporary Income Benefits, while 2B pertains to the first Income Benefit of any type paid by the new administrator and omits any reference to the injured workers’ average weekly wage.  Form 2B should only be used to report the first payment on an acquired claim.
Not to be outdone, the PLN-10 (Reinstatement of Indemnity Benefits) shall henceforth be known as PLN-10A, while the sleek new PLN-10B alerts injured workers or beneficiaries to expect a lump sum payment of workers’ compensation benefits, with the type, amount, and reason for the benefit explained therein.  System participants will be seeing a lot of the PLN-10B, as it is to be used whenever lump sum payments are issued pursuant to a DWC-24 agreement, a Decision and Order, an interlocutory order, an Appeals Panel Decision, an advance/acceleration/commutation of benefits, or when past due benefits are paid with interest.  
The time-honored PLN-11 Notice of Disputed Issues and Refusal to Pay Benefits comes with a new admonition in its instructions.  If disability is in dispute, the Carrier must file the requisite Electronic Data Interchange (EDI) transaction before the notice of refusal to pay benefits will be considered complete. 
Other changes to the revised forms, including the PLN-8, PLN-10A, PLN-11, and PLN-14 are more subtle, mostly involving the insertion of the word “Insurance” before “Carrier” throughout each.  This serves as a helpful reminder that it is Insurance Carriers who should be using these forms, not any of the following groups:

  • Aircraft Carriers

  • Carrier HVAC Units

  • Mail Carriers

  • Pet Carriers

  • Recessive Gene Carriers

  • Carrier Pigeons    

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