Sec. 408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement may not provide for payment of benefits in a lump sum except as provided by Section 408.128.
(b) An employee's right to medical benefits as provided by Section 408.021 may not be limited or terminated.
(c) A settlement or agreement resolving an issue of impairment:
(1) may not be made before the employee reaches maximum medical improvement; and
(2) must adopt an impairment rating using the impairment rating guidelines described by Section 408.124.
(d) A settlement must be signed by the commissioner and all parties to the dispute.
(e) The commissioner shall approve a settlement if the commissioner is satisfied that:
(1) the settlement accurately reflects the agreement between the parties;
(2) the settlement reflects adherence to all appropriate provisions of law and the policies of the division; and
(3) under the law and facts, the settlement is in the best interest of the claimant.
(f) A settlement that is not approved or rejected before the 16th day after the date the settlement is submitted to the commissioner is considered to be approved by the commissioner on that date.
(g) A settlement takes effect on the date it is approved by the commissioner.
(h) A party to a settlement may withdraw acceptance of the settlement at any time before its effective date.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.081, eff. September 1, 2005.
Notes of Decisions
Storage & Processors, Inc. v. Reyes, 134 S.W.3d 190 (Tex. 2004).
· cites it 2× “See Tex. Lab.Code § 408.005(d), (e) (requiring the approval of the director of the division of hearings for all settlements).”
Ross v. Union Carbide Corp., 296 S.W.3d 206 (Tex. App. 2009).
· cites it 2× “See TEX. LAB.CODE ANN. § 408.005. Absent approval, a workers' compensation claimant "cannot settle his claim by accepting a payment of money and signing a common-law release.”
Texas Workers' Comp. Ins. Fund v. Simon, 980 S.W.2d 730 (Tex. App. 1998).
“First, TWCIF argues that rules that forbid lump-sum awards after settlements, Tex. Lab.Code Ann. §§ 408.005 and 410.256 (Vernon 1996), should be applied to adjudicated cases, as well.”
City of Houston v. Christopher A. Rhule, 377 S.W.3d 734 (Tex. App. 2012).
· cites it 2× “” Tex. Labor Code Ann. § 408.005 (b). The law governing compromise settlement agreements in a workers’ compensation case seeking medical benefits for on-the-job injuries is well established.”
in Re Rebecca Gallardo (Tex. App. 2015).
“005(e) (West, Westlaw through 2013 3d C.S.) (providing that the commissioner “shall” approve a settlement if satisfied that the settlement accurately reflects the agreement between the parties, reflects adherence to the law and policies of the division, and is in the best…”
— Tex. Lab. Code § 408.005(a) — 2 cases
— Tex. Lab. Code § 408.005(d) — 2 cases
Storage & Processors, Inc. v. Reyes, 134 S.W.3d 190 (Tex. 2004).
“See Tex. Lab.Code § 408.005(d), (e) (requiring the approval of the director of the division of hearings for all settlements).”
in Re Rebecca Gallardo (Tex. App. 2015).
“005(e) (West, Westlaw through 2013 3d C.S.) (providing that the commissioner “shall” approve a settlement if satisfied that the settlement accurately reflects the agreement between the parties, reflects adherence to the law and policies of the division, and is in the best…”
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