408.148
The commissioner may reinstate supplemental income benefits to an employee who is discharged within 12 months of the date of losing entitlement to supplemental income benefits under Section 408.146(c) if the commissioner finds that the employee was discharged at that time with the intent to deprive the employee of supplemental income benefits. Acts 1993, 73rd […]
408.149
(a) Not more than once in each period of 12 calendar months, an employee and an insurance carrier each may request the commissioner to review the status of the employee and determine whether the employee’s unemployment or underemployment is a direct result of impairment from the compensable injury. (b) Either party may request a benefit […]
408.151
(a) On or after the second anniversary of the date the commissioner makes the initial award of supplemental income benefits, an insurance carrier may not require an employee who is receiving supplemental income benefits to submit to a medical examination more than annually if, in the preceding year, the employee’s medical condition resulting from the […]
408.181
(a) An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death. (b) Subject to Section 408.061, the amount of a death benefit is equal to 75 percent of the employee’s average weekly wage. (c) The commissioner by rule shall establish requirements for agreements under […]
408.187
(a) If in a claim for death benefits based on an occupational disease an autopsy is necessary to determine the cause of death, the commission may, after opportunity for hearing, order the legal beneficiaries of a deceased employee to permit an autopsy. (b) A legal beneficiary is entitled to have a representative present at an […]
408.202
Benefits are not assignable, except a legal beneficiary may, with the commissioner’s approval, assign the right to death benefits. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § 3.131, eff. Sept. 1, 2005.
408.221
(a) An attorney’s fee, including a contingency fee, for representing a claimant before the division or court under this subtitle must be approved by the commissioner or court. (b) Except as otherwise provided, an attorney’s fee under this section is based on the attorney’s time and expenses according to written evidence presented to the division […]
408.222
(a) The amount of an attorney’s fee for defending an insurance carrier in a workers’ compensation action brought under this subtitle must be approved by the division or court and determined by the division or court to be reasonable and necessary. (b) In determining whether a fee is reasonable under this section, the division or […]
409.002
Failure to notify an employer as required by Section 409.001(a) relieves the employer and the employer’s insurance carrier of liability under this subtitle unless: (1) the employer, a person eligible to receive notice under Section 409.001(b), or the employer’s insurance carrier has actual knowledge of the employee’s injury; (2) the division determines that good cause […]
409.003
An employee or a person acting on the employee’s behalf shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred; or (2) if the injury is an occupational disease, the employee knew or should have known that the disease […]