86R2603 KKR-F
By: Cole H.B. No. 3492
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a first responder for workers'
compensation benefits for mental trauma injuries, including
post-traumatic stress disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 504.019(b), Labor Code, is amended to
read as follows:
(b) It is presumed that post-traumatic [Post-traumatic]
stress disorder suffered by a first responder is a compensable
injury under this subtitle unless it is shown by a preponderance of
the evidence [only if it is based on a diagnosis] that:
(1) the disorder is caused by an event occurring
outside [in] the course and scope of the first responder's
employment; or [and]
(2) no [the preponderance of the evidence indicates
that the] event that occurred in the course and scope of the first
responder's employment was a substantial contributing factor of the
disorder.
SECTION 2. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
that date is governed by the law as it existed 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, 2019.