Big Changes in Texas Workers’ Comp System

As a result of House Bill 7, passed by the 79th Texas Legislature, the Texas Workers’ Compensation Commission was abolished on Sept. 1, 2005, and the Division of Workers’ Com-pensation (DWC) began at the Texas Department of Insurance. Prior to that date, TDI announced that addresses and telephone numbers for the DWC
central and field offices will remain the same as the previous TWCC numbers.

The DWC central office is located at 7551 Metro Center Drive, Ste. 100, Austin, Texas 78744-1609. The main phone number for the central office is (512) 804-4000.

Injured workers requesting information on workers’ comp claims should continue to use the toll-free number, (800) 252-7031. This number is routed to the nearest field office for assistance.

After Sept. 1, online access to the DWC will be available through TDI’s Web site at www.tdi.state.tx.us. A link on the TDI homepage will direct users to the new DWC Web site.

Additionally, the DWC will publish the new Web addresses for each of its Web links as soon as they are determined. During the transition, those using the former URL will be redirected to the new DWC Web site. to ensure that service is uninterrupted.

TDI also summarized statutory changes in enforcement procedures effective Sept. 1:

The DWC is not required to prove “willful or intentional” conduct in order to
assess an administrative penalty.

The current classification system for administrative penalties is eliminated. The Commissioner of Workers’ Compensation is authorized to assess administrative penalties up to a maximum of $25,000 per day per occurrence.

A penalty schedule is no longer required by rule. The penalty calculator will be removed from the DWC Web site.

An insurance carrier commits an administrative violation if that insurance carrier makes a statement denying all future medical care for a compensable injury.

Civil and administrative penalties are statutorily authorized for knowingly using or causing to be used the DWC’s name and logo, the name and initials of TDI, or any combination of the words “Texas” and “Workers’ Compen-sation” by a person
offering or performing workers’ compensation services in the state.

The DWC may share workers’ compensation investigative material with an insurance carrier if the investigative file relates to a felony regarding workers’ compensation or a claim in which restitution is required to be paid to the insurance carrier.

Effective Sept. 1, the DWC and all enforcement efforts will operate in accordance with the new statutory changes for an offense or violation committed on or after that date.