Texas lawmakers have proposed legislation that would impose a fee on workers’ compensation insurers in cases where injured workers fail or refuse to submit to independent medical examinations.
House Bill 2702, filed Thursday, would require insurers to pay doctors at least $100 when employees fail to show up for scheduled medical exams in compensation claims.
The bill authorizes the workers’ compensation commissioner to adjust the fees for inflation by January 31 of each even-numbered year beginning in 2026, and the adjusted amount must be based on the Medicare Economic Index for the preceding 24-month period.
Texas law allows insurers, employees, or the labor commission to order medical examinations of injured workers to resolve outstanding questions about the disability caused by the compensable injury, the extent of an injury, whether a disability is directly related to a work injury, and whether the worker can return to work.
Current law states that examinations will be performed by doctors who are on an approved list of doctors provided by the Department of Labor.