Texas Labor Code 408.005 – Settlements and Agreements
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(a) A settlement may not provide for payment of benefits in a lump sum except as provided by § 408.128.
(b) An employee’s right to medical benefits as provided by § 408.021 may not be limited or terminated.
Terms Used In Texas Labor Code 408.005
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A settlement or agreement resolving an issue of impairment:
(1) may not be made before the employee reaches maximum medical improvement; and
(2) must adopt an impairment rating using the impairment rating guidelines described by § 408.124.
(d) A settlement must be signed by the commissioner and all parties to the dispute.
(e) The commissioner shall approve a settlement if the commissioner is satisfied that:
(1) the settlement accurately reflects the agreement between the parties;
(2) the settlement reflects adherence to all appropriate provisions of law and the policies of the division; and
(3) under the law and facts, the settlement is in the best interest of the claimant.
(f) A settlement that is not approved or rejected before the 16th day after the date the settlement is submitted to the commissioner is considered to be approved by the commissioner on that date.
(g) A settlement takes effect on the date it is approved by the commissioner.
(h) A party to a settlement may withdraw acceptance of the settlement at any time before its effective date.