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On November 22, 2024, Commissioner Jeff Nelson released DWC’s biennial report
to the 89th Legislature providing an update on the Texas workers’ compensation
system. The biennial report includes two legislative recommendations.
One of the Commissioner’s recommendations is, essentially, a housekeeping
matter removing outdated statutory language from the Labor Code which refers to
the old Approved Doctors List (ADL).
Prior to House Bill (HB) 7, passed by the 79th Legislature in 2005 and signed
by the Governor on June 1 of that year, doctors treating injured employees in
the workers’ compensation system were required to meet specific requirements
and were registered on the Division-maintained ADL. HB 7 amended the Labor Code
to eliminate the ADL effective September 1, 2007; however, some sections of the
Labor Code still refer to the ADL. According to feedback received through
health care provider outreach, these outdated statutory references to the ADL
have resulted in confusion for some system participants who assume the old ADL
registration and training are still required. Removal of the outdated statutory
language is calculated to decrease such confusion for health care professionals
who provide health care in the workers’ compensation system.
The other recommendation, which is of greater interest to us, is the
Commissioner’s suggestion that Labor Code §410.005 be amended to allow
contested case hearings to be conducted by videoconference, if all parties
agree. According to the Division’s report, this change will enhance flexibility
and efficiency of CCHs by streamlining the administrative process, reducing
travel-related burdens, and promoting access to justice while maintaining the
integrity of the hearing process. The Division additionally anticipates the
amendment will result in improvement of access to legal representation for
injured employees living in remote areas or out of state, shortening of
timelines to resolve disputes, and improvement in injured employees’ access to
medical treatment, allowing them to return to work more quickly.
Readers may recall that CCHs were held by videoconference or telephone during
the COVID-19 breakout from March 2020, through July 2021. Based upon our
experience with videoconference and telephonic CCHs during that period, we
think CCHs conducted in that manner are less than ideal. It is not unusual that
parties or witnesses may not have access to the Zoom application or a computer.
When these parties or witnesses appear by telephone the judge is not able to
adequately observe the witnesses’ demeanor and judge the credibility of their
testimony. There may also be technical problems caused by poor cell phone
reception or speaker phones which cut in and out resulting in participants
talking over each other and being unable to hear everything that is said.
The Biennial Report goes on to outline key trends in the current workers’
compensation system to help DWC and stakeholders identify improvements to
maintain a fair and balanced workers’ compensation process. Some important key
trends identified are an 81% decrease in workers’ compensation insurance rates
since 2003; a reduction in health care costs of $338 million since 2012; and an
86% reduction in the total number of opioid prescriptions from 2009 to
2022.
You may access and review the entire report concerning the current state of the
Texas workers’ compensation system here.
Copyright 2024, Stone Loughlin & Swanson, LLP