1. (a) The commission shall analyze each employer report of injury, within 30 days of its receipt, for any information indicating that the employee had or is likely to have:

   1. (1) an amputation of:

      1. (A) an arm or leg;
      2. (B) three fingers or more; or
      3. (C) the large toe or one-third of the foot or more;
   2. (2) the loss of use of an arm or leg;
   3. (3) a permanent spinal cord injury;
   4. (4) a head injury;
   5. (5) a heart attack or heart disease;
   6. (6) an occupational disease;
   7. (7) blindness or significant vision loss;
   8. (8) severe or extensive burns;
   9. (9) any other condition that indicates an impairment is likely; or
   10. (10) any injury resulting in more than 30 days lost time. Such injury shall be reviewed and a determination made as to the degree of impairment and the appropriateness of rehabilitation services.

2. (b) Whenever the commission finds facts that suggest one or more of the conditions listed in subsection (a) of this section, the commission shall notify the employee, the Texas Rehabilitation Commission, and the insurance carrier that the commission has identified the employee as someone who may be assisted by vocational rehabilitation. The notice shall:

   1. (1) be made no later than 60 days after the date the commission received the employer report of injury;

   2. (2) contain the following information:

      1. (A) the workers' compensation claim number assigned by the commission;
      2. (B) the address of the local office of the commission assigned to manage the claim;
      3. (C) the insurance carrier's name, and commission assigned identification number (if any);
      4. (D) the name, address, and phone number of the employee; and
      5. (E) the condition listed in subsection (a) of this section, that indicates that the employee may be assisted by vocational rehabilitation.

3. (c) In addition to the information required by subsection (b) of this section, the commission's notice to the employee shall contain the following:

   1. (1) the address and telephone number of the office of the Texas Rehabilitation Commission that is closest to the employee's address;
   2. (2) a brief description of the availability of private providers registered with the commission according to §136.2 of this title (relating to Registry of Private Providers of Vocational Rehabilitation Services); and
   3. (3) a statement that the commission notified the Texas Rehabilitation Commission and the insurance carrier that the employee may be assisted by vocational rehabilitation.

Source Note:The provisions of this §136.1 adopted to be effective March 18, 1991, 16 TexReg 1367.