Texas Workers’ Compensation Division Rules Repealed


Austin, TX  (CompNewsNetwork) - Texas Commissioner of Workers' Compensation Albert Betts repealed two rules; 28 Texas Administrative Code (TAC) §131.1 relating to initiation of lifetime income benefits and 28 TAC §134.650 relating to the prospective review of medical care not requiring preauthorization.

The repeal of 28 TAC §131.1 was necessary for the Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) to conform with the Texas Court of Appeals' ruling in Mid-Century Insurance Company v. Texas Workers' Compensation Commission.  The Mid-Century case held that lifetime income benefits are to be paid from the date an injured employee is determined to be entitled to lifetime income benefits, but not prior to that date.

In January 2007, TDI-DWC adopted the Official Disability Guidelines – Treatment in Workers' Compensation (ODG) for disability management.  The Commissioner of Workers' Compensation repealed 28 TAC §134.650 because preauthorization is not required for treatments provided within ODG, except in certain circumstances.

The repeals are posted on the TDI website at http://www.tdi.state.tx.u s/wc/rules/adopted/adopted.html.

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