| 1 | 1 | | 81R11266 PB-F |
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| 2 | 2 | | By: Deshotel H.B. No. 4398 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to workers' compensation supplemental income benefits. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 408.142(a), Labor Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (a) An employee is entitled to supplemental income benefits |
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| 12 | 12 | | if, on the expiration of the impairment income benefit period |
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| 13 | 13 | | computed under Section 408.121(a)(1), the employee: |
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| 14 | 14 | | (1) has an impairment rating of 10 [15] percent or more |
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| 15 | 15 | | as determined by this subtitle from the compensable injury; |
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| 16 | 16 | | (2) has not returned to work or has returned to work |
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| 17 | 17 | | earning less than 80 percent of the employee's average weekly wage |
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| 18 | 18 | | as a direct result of the employee's impairment; |
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| 19 | 19 | | (3) has not elected to commute a portion of the |
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| 20 | 20 | | impairment income benefit under Section 408.128; and |
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| 21 | 21 | | (4) has complied with the requirements adopted under |
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| 22 | 22 | | Section 408.1415. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to a claim for workers' compensation supplemental income benefits |
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| 25 | 25 | | based on an impairment rating for a compensable injury that is |
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| 26 | 26 | | determined under Chapter 408, Labor Code, on or after the effective |
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| 27 | 27 | | date of this Act. A claim based on an impairment rating that is |
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| 28 | 28 | | determined before that date is governed by the law in effect on the |
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| 29 | 29 | | date the compensable injury occurred, and the former law is |
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| 30 | 30 | | continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
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