Texas § 408.0815 RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS.

Texas Statutes

§ 408.0815 — RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS.

Texas § 408.0815

Code LALabor Code

This text of Texas § 408.0815 (RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Labor Code Code Ann. § 408.0815 (2026).

Text

Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS.

(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

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Sec. 408.0815. RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS. (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.

Charles Holt, Mike Dixon, Tim Nations, and Leonel Acevedo v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Ryan Brannan, in His Official Capacity as DWC Commissioner The State of Texas Through the Honorable Ken Paxton, in His Official Capacity as Attorney General of Texas And the City of Austin

(Court of Appeals of Texas, 2018)