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A BILL TO BE ENTITLED
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AN ACT
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relating to the content of certain expert witness reports exchanged |
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between or among parties in workers' compensation contested case |
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hearings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 410.160, Labor Code, is amended to read |
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as follows: |
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Sec. 410.160. EXCHANGE OF INFORMATION. (a) Within the time |
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prescribed by commissioner rule, the parties shall exchange: |
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(1) all medical reports and reports of expert |
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witnesses who will be called to testify at the hearing; |
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(2) all medical records; |
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(3) any witness statements; |
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(4) the identity and location of any witness known to |
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the parties to have knowledge of relevant facts; and |
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(5) all photographs or other documents that a party |
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intends to offer into evidence at the hearing. |
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(b) A report of an expert witness exchanged under Subsection |
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(a)(1) must include discoverable factual observations and |
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calculations made, tests conducted, supporting data evaluated, |
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photographs taken or examined, and opinions formed by the expert. |
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The report must also include any other basis of the opinions formed |
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by the expert. |
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SECTION 2. Section 410.161, Labor Code, is amended to read |
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as follows: |
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Sec. 410.161. FAILURE TO DISCLOSE INFORMATION OR EXCHANGE |
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REPORT. (a) A party who fails to disclose information known to the |
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party or documents that are in the party's possession, custody, or |
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control at the time disclosure is required by Sections |
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410.158-410.160 may not introduce the evidence at any subsequent |
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proceeding before the division or in court on the claim unless good |
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cause is shown for not having disclosed the information or |
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documents under those sections. |
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(b) A party may not, in a contested case hearing or any |
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subsequent proceeding before the division or in court on a claim, |
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call an expert to testify on a matter unless the party exchanged a |
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report of the expert witness under Section 410.160(b). |
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SECTION 3. The changes in law made by this Act to Sections |
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410.160 and 410.161, Labor Code, apply only to a claim for workers' |
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compensation benefits based on a compensable injury that occurs on |
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or after the effective date of this Act. A claim based on a |
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compensable injury that occurs before that date is governed by the |
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law in effect on the date the compensable injury occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |