Tex. Lab. Code § 408.0815 · Subchapter E. INCOME BENEFITS IN GENERAL
RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commissioner by rule shall establish a procedure by which an insurance carrier:
(1) may recoup an overpayment of income benefits from future income benefit payments that are not reimbursable under Section 410.209; and
(2) shall pay an underpayment of income benefits, including interest on accrued but unpaid benefits, in accordance with this subtitle.
(b) The procedure under Subsection (a) must include:
(1) a process by which an injured employee may notify the insurance carrier of an underpayment;
(2) the time frame and methodology by which an insurance carrier shall pay to an injured employee an underpayment;
(3) a process by which an insurance carrier shall notify an injured employee of an overpayment of income benefits;
(4) the time frame and methodology by which an insurance carrier may recoup an overpayment through the reduction of a future income benefit payment; and
(5) a method for coordinating overpayments that may be recouped from future income benefits and reimbursements described by Section 410.209.
(c) The procedure for recouping overpayments under Subsection (a)(1) must take into consideration the cause of the overpayment and minimize the financial hardship to the injured employee.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 1153 (H.B. 2089), Sec. 2, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm
- Text hash
- sha256 2bb976d4c58d77bc94f2c0492194b9cd5746c62f15bfc41db1a5c81946162dfb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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