1. (a) As used in this section:

   1. (1) the term "doctor" means either the treating doctor or a doctor to whom the treating doctor has referred the injured employee (employee) for regular treatment; and

   2. (2) the term "work status" refers to whether the employee's medical condition will:

      1. (A) allow the employee to return to work without restrictions;
      2. (B) allow the employee to a return to work with restrictions; or
      3. (C) restricts the employee from returning to work.
2. (b) The doctor shall file a Work Status Report in the form and manner prescribed by the Commission which indicates the employee's current work status, including the job functions the employee is able to safely perform as well as any specific restrictions on the employee's activities, if any.
3. (c) If the doctor believes that the employee's medical condition will not allow the employee to return to work without restriction, the Work Status Report shall include the date that the restrictions on or restrictions from work are expected to expire. An expected expiration date is not binding and may be adjusted as appropriate based on the condition and progress of the employee in future Work Status Reports.
4. (d) The doctor shall file the Work Status Report after the initial examination of the employee, regardless of the employee's work status and shall file a new report for every subsequent appointment, but no more than once every two weeks, unless the employee's work status has changed, until the doctor releases the employee to return to work without restrictions. If, after releasing an employee to return to work the employee's unrestricted work status changes, the doctor shall begin and continue to file the Work Status Report as required by this subsection.
5. (e) The initial Work Status Report shall be filed with the carrier, employer, and employee. Subsequent Work Status Reports shall be filed with the carrier and employee and, if the employee's work status has changed, filed with the employer as well. The report shall be provided to the employee at the time of the examination and shall be sent within one working day from the date of examination to the carrier, and if applicable, the employer.

6. (f) In addition, the treating doctor shall file the Work Status Report with the carrier, employer, and employee within seven days of the day of receipt of:

   1. (1) functional job descriptions from the employer listing available modified duty positions that the employer is able to offer the employee as provided by §129.6(a) of this title (relating to Bona Fide Offers of Employment); or
   2. (2) a required medical examination doctor's report that the employee can return to work.
7. (g) Filing the Work Status Report as required by subsection (f) of this section does not require a new examination of the employee.
8. (h) The doctor shall file the Work Status Report with the insurance carrier by facsimile or electronic transmission. The doctor shall file the report with the employer by facsimile or electronic transmission if the doctor has been provided the employer's facsimile number or email address; otherwise, the report shall be filed by personal delivery or mail.

Source Note:The provisions of this §129.5 adopted to be effective December 26, 1999, 24 TexReg 11420.