By: Rodriguez S.B. No. 1764
A BILL TO BE ENTITLED
AN ACT
relating to workers' compensation supplemental income benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.142(a), Labor Code, is amended to
read as follows:
(a) An employee is entitled to supplemental income benefits
if, on the expiration of the impairment income benefit period
computed under Section 408.121(a)(1), the employee:
(1) has an impairment rating of 10 15 percent or more
as determined by this subtitle from the compensable injury;
(2) has not returned to work or has returned to work
earning less than 80 percent of the employee's average weekly wage
as a direct result of the employee's impairment;
(3) has not elected to commute a portion of the
impairment income benefit under Section 408.128; and
(4) has complied with the requirements adopted under
Section 408.1415.
SECTION 2. The change in law made by this Act applies only
to a claim for workers' compensation supplemental income benefits
based on an impairment rating for a compensable injury that is
determined under Chapter 408, Labor Code, on or after the effective
date of this Act. A claim based on an impairment rating that is
determined before that date is governed by the law in effect on the
date the compensable injury occurred, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.