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Advisory 92-04

Payment of Back Injury Prevention Pilot Program Training Providers

Article 8308-7.07 of the Texas Workers' Compensation Act requires that an employee who receives income benefits for four or more weeks for a back injury incurred in the specified Pilot Program areas shall participate in a back injury prevention training program approved by the Commission. If the employee refuses to participate without good cause, the Director of the Workers' Health and Safety Division may order the insurance carrier to suspend income benefits for the period of non-compliance. Cost for the training, not to exceed $35 per participant, shall be paid by the insurance carrier. (See attached copy of statute).

This training is not a medical service; therefore, the training provider is not required to submit additional Texas Workers' Compensation Commission (TWCC) forms.

Periodically you will receive a listing of claimants who have completed the required training and information regarding the training provider. Reimbursement should be mailed directly to the training provider for each participant (not to exceed $35 per participant).

Your immediate attention and cooperation in the implementation of this advisory is appreciated. Further assistance or questions can be directed to Steve Fahey, Manager, Back Injury Prevention Program at (512) 440-3551.

Signed this 22 nd day of July, 1992.

Todd K. Brown
Acting Executive Director

Distribution:
Austin Carrier Representatives
Back Injury Prevention Training Providers


TEXAS WORKERS' COMPENSATION REFORM ACT OF 1989
ARTICLE 7. WORKERS' HEALTH AND SAFETY

Section 7.07. BACK INJURY PREVENTION TRAINING PROGRAM. (a) The division shall prepare and administer a back injury prevention training program designed to instruct workers in methods of performing job-related movements and tasks that minimize strain and safeguard against injury or reinjury to the back.

(b) The division shall

(1) set minimum standards by published rules and regulations for instruction, qualifications for instructors, program content, and supplementary materials and equipment;

(2) contract with other state agencies, political and legal subdivisions of the state, or other suitable public and private agencies to provide approved back injury prevention training programs;

(3) compile information to evaluate the program; and

(4) establish a maximum cost for the training not to exceed $35 per participant to be paid by the insurance carrier.

An employee who receives income benefits for four or more weeks for a back injury shall participate in this program. If the employee refuses to participate, without good cause, the division director may order the insurance carrier to suspend income benefits for the period of noncompliance.

The program created under this section will be a pilot program to be administered in one metropolitan area and in one rural area to be determined by the commission for a period of two years.



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