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For purposes of workers' compensation insurance, the Texas School for the Blind and Visually Impaired is an agency of the State of Texas and, as such, participates in the state's self-insurance program which is administered through the State Office of Risk Management. All rules, regulations, and procedures of that program shall be observed.

NOTICE

Notice of the provision for workers' compensation benefits, and the effective date of the coverage shall be given to the School's employees.

Labor Code 504.018

OMBUDSMAN PROGRAM

The School shall notify its employees, in a manner prescribed by the commission, of the commission's ombudsman program to assist injured workers and persons claiming death benefits in obtaining benefits under the Texas Workers' Compensation Act.

Labor Code 404.153

REPORTS OF SAFETY VIOLATIONS

The School shall notify its employees, in the manner prescribed by the commission, of the 24-hour-a-day toll-free telephone system for reporting violations of an occupational health, or safety law. The School shall not suspend, terminate, or otherwise discriminate against an employee for making a good faith report of a violation of an occupational health, or safety law.

Labor Code 411.081, 411.082

DISCRIMINATION PROHIBITED

A person may not discharge, or in any other means discriminate against, an employee because the employee has:

  1. Filed a workers' compensation claim in good faith.
  2. Hired a lawyer to represent the employee in a claim.
  3. Instituted, or caused to be instituted in good faith, a proceeding under the Texas Workers' Compensation Act.
  4. Testified, or is about to testify, in a proceeding under the Texas Workers' Compensation Act.

Labor Code 451.001

A person who violates the above provision is liable for reasonable damages incurred by the employee as a result of the violation, and an employee discharged in violation of the above provision is entitled to reinstatement in the former position of employment. The burden of proof in a proceeding, alleging violation of the above provision, is on the employee.

Labor Code 451.002

LEAVES OF ABSENCE

The School shall not terminate an employee who is on an unpaid leave of absence and receiving workers' compensation benefits, except when the termination is for a legitimate reason independent from the employee's workers' compensation claim.

Atty. Gen. Op. JM-227(1984)

If the School terminates an employee for violating a reasonable absence-control policy, the School cannot be liable for prohibited discrimination as long as the rule is uniformly enforced.

Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) [See DEC (LEGAL) at ABSENCE CONTROL]

PROCEDURE

The Superintendent shall develop procedures to implement the provisions of the Texas Workers' Compensation Commission Act.

REIMBURSEMENT

The School shall transfer to the State Office of Risk Management its assessed allocation amounts for workers' compensation coverage for School employees from funding in the same proportion as the School's expected payroll funding, including General Revenue Funds, dedicated General Revenue Fund accounts, Other Funds or local bank accounts.

General Appropriations Act, Article IX Section 6.30(c)

Adopted: 5/28/92

Amended: 11/17/95, 5/21/98, 11/19/99, 3/26/04, 11/18/05

Reviewed: 5/24/96, 11/22/02