10 Drift findings — manual contradicts regulation
Drift
2.1 Employer First Report Intake
high confidence
Manual says
When an employer client reports a lost-time injury, confirm the Employer's First Report of Injury (DWC Form-001) has been filed with us as carrier representative. Our standard requires the employer's report within 15 days of the employee's first missed day beyond the date of injury. Log the report date in the claim system and follow up on late filings.
Regulation requires
28 TAC § 120.2 (DWC Form-001)The employer must file the Employer's First Report of Injury or Illness (DWC Form-001) with its insurance carrier not later than the 8th day after the employee's absence from work for more than one day due to injury, or after the employer receives notice of an occupational disease.
Manual requires employer filing within 15 days; REG-TX-01 mandates filing by the 8th day after absence for more than one day.
Suggested corrected language
Change the employer filing deadline to the 8th day after the employee's absence for more than one day.
Drift
2.3 Initial Carrier Action
high confidence
Manual says
Upon receipt of written notice of injury, the adjuster must either initiate benefit payments or issue a written notice of refusal with stated grounds to the Division and the employee within 30 days of the notice. Document the action taken and the mailing date in the activity log.
Regulation requires
Tex. Lab. Code § 409.021(a)Not later than the 15th day after receiving written notice of an injury, the insurance carrier must begin the payment of benefits as required, or notify the division and the employee in writing of its refusal to pay and the grounds for refusal.
REG-TX-02 requires the carrier to act within 15 days of receiving notice. The manual states within 30 days, contradicting the statutory deadline.
Suggested corrected language
Amend the deadline from 30 days to 15 days.
Drift
2.4 Compensability Investigation Window
high confidence
Manual says
The carrier's right to contest compensability lapses if not exercised on or before the 90th day after written notice of injury, except on newly discovered evidence that could not reasonably have been obtained earlier. Calendar the contest deadline at intake and escalate at day 45 if the investigation is incomplete.
Regulation requires
Tex. Lab. Code § 409.021(c)If the insurance carrier does not contest compensability on or before the 60th day after receiving written notice of the injury, the carrier waives its right to contest compensability except on evidence that could not reasonably have been discovered earlier.
The manual sets a 90-day compensability contest deadline, but REG-TX-03 requires contesting compensability on or before the 60th day after receiving written notice of the injury.
Suggested corrected language
Change '90th day' to '60th day' and adjust internal escalation milestones to occur before the regulatory deadline.
Drift
3.2 Benefit Accrual and First Payment
high confidence
Manual says
No income benefits are payable for the first week of disability under any circumstances. Begin income benefit payments with the second week of disability and continue on the weekly schedule. Waiting-week amounts are never paid retroactively.
Regulation requires
Tex. Lab. Code § 408.082Income benefits may not be paid for the first week of disability unless the disability lasts for two weeks or longer, in which case compensation for the first week accrues and is payable.
REG-TX-05 states income benefits for the first week accrue and are payable if disability lasts two weeks or longer; manual wrongly states they are never payable under any circumstances.
Suggested corrected language
Update the manual to reflect that if disability lasts two weeks or longer, compensation for the first week accrues and is payable.
Drift
4.5 Medical Bill Processing
high confidence
Manual says
Process complete medical bills promptly. Final action — payment, reduction, denial, or audit determination — must be taken within 60 days of receipt of a complete bill. Bills pended for audit must carry a documented audit plan and follow the audit timeline.
Regulation requires
28 TAC § 133.240The insurance carrier must take final action — pay, reduce, deny, or determine to audit — on a complete medical bill not later than the 45th day after receipt of the bill.
Manual SEC-TX-07 sets a 60-day deadline for final action on complete medical bills, but REG-TX-07 (28 TAC § 133.240) requires final action within 45 days. The longer internal deadline weakens the statutory requirement.
Suggested corrected language
Change the deadline from 60 days to 45 days.
Drift
3.4 Impairment Income Benefits
high confidence
Manual says
When the employee reaches maximum medical improvement with a certified impairment rating, begin impairment income benefits the following day at 70% of the average weekly wage. Pay two weeks of IIBs for each percentage point of the impairment rating, then close the income benefit line.
Regulation requires
Tex. Lab. Code §§ 408.121, 408.126Impairment income benefits (IIBs) begin the day after the employee reaches maximum medical improvement and are paid at 70% of the average weekly wage, for three weeks of benefits per percentage point of impairment rating.
REG-TX-11 requires 'three weeks of benefits per percentage point,' but the manual says 'two weeks,' contradicting the statutory duration.
Suggested corrected language
Change manual to state three weeks of IIBs per percentage point of impairment rating.
Drift
3.6 TIBs Duration Management
high confidence
Manual says
Diary every TIBs claim for duration review. Temporary income benefits may continue until the employee reaches maximum medical improvement, up to a maximum of 156 weeks measured from the eighth day of disability, whichever comes first.
Regulation requires
Tex. Lab. Code § 408.101 et seq.Temporary income benefits end at the earlier of the date the employee reaches maximum medical improvement or the expiration of 104 weeks from the eighth day of disability (statutory maximum medical improvement).
Manual states a 156-week TIBs limit from the eighth day of disability, but REG-TX-15 mandates 104 weeks. This contradicts the statutory duration cap.
Suggested corrected language
Change the maximum duration from 156 weeks to 104 weeks from the eighth day of disability.
Drift
2.5 Employer Reporting Cadence
high confidence
Manual says
Employer clients are instructed to submit their first report of injury together with the first weekly payroll transmission following the injury — in practice within two weeks of the first lost day — so wage data and the injury report arrive as one package.
Regulation requires
28 TAC § 120.2 (DWC Form-001)The employer must file the Employer's First Report of Injury or Illness (DWC Form-001) with its insurance carrier not later than the 8th day after the employee's absence from work for more than one day due to injury, or after the employer receives notice of an occupational disease.
The manual permits reporting within 14 days, but REG-TX-01 requires filing DWC Form-001 no later than the 8th day after absence exceeds one day.
Suggested corrected language
Instruct employers to file DWC Form-001 with the carrier no later than the 8th day after the absence begins.
Drift
2.6 Late Employee Notice Defense
high confidence
Manual says
Employees are required to report a work injury to their employer within 45 days of occurrence. Where first notice to the employer falls outside that window and no statutory exception applies, prepare the notice defense workup for supervisor review before any dispute filing.
Regulation requires
Tex. Lab. Code § 409.001The employee or a person acting on the employee's behalf must notify the employer of an injury not later than the 30th day after the date the injury occurs, or the date the employee knew or should have known of an occupational disease.
Manual states a 45-day employee notice deadline, but REG-TX-08 mandates notice not later than the 30th day after injury.
Suggested corrected language
Change the employee notice deadline from 45 days to 30 days to align with Tex. Lab. Code § 409.001.
Drift
2.8 Pay-or-Dispute Processing
high confidence
Manual says
Initiate benefits or file the notice of refusal within 15 days of written notice of injury as required. Where the investigation is incomplete, adjusters may request an internal extension of up to 30 days from notice before the pay-or-dispute action is taken, documented in the claim notes.
Regulation requires
Tex. Lab. Code § 409.021(a)Not later than the 15th day after receiving written notice of an injury, the insurance carrier must begin the payment of benefits as required, or notify the division and the employee in writing of its refusal to pay and the grounds for refusal.
Section contradicts REG-TX-02, which mandates pay-or-dispute action by the 15th day. The manual's internal extension of up to 30 days permits delay beyond the statutory deadline.
Suggested corrected language
Eliminate the 30-day internal extension and require pay-or-dispute action within 15 days of written notice.
02 Coverage gaps — no procedure covers these
28 TAC § 134.600Preauthorization requirementsSpecified non-emergency health care — including inpatient hospital admissions, spinal surgery, and physical/occupational therapy beyond the initial evaluation-and-treatment allowance — requires preauthorization from the carrier before the service is provided.
Tex. Lab. Code § 409.003Employee claim filing deadlineThe employee must file a claim for compensation with the division not later than one year after the date the injury occurred, or within one year of when the employee knew or should have known an occupational disease was work-related.