| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to the eligibility of an injured employee for lifetime |
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| 9 | 8 | | income benefits under the workers' compensation system. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Section 408.161(a), Labor Code, is amended to |
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| 12 | 11 | | read as follows: |
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| 13 | 12 | | (a) Lifetime income benefits are paid until the death of the |
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| 14 | 13 | | employee for: |
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| 15 | 14 | | (1) total and permanent loss of sight in both eyes; |
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| 16 | 15 | | (2) loss of both feet at or above the ankle; |
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| 17 | 16 | | (3) loss of both hands at or above the wrist; |
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| 18 | 17 | | (4) loss of one foot at or above the ankle and the loss |
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| 19 | 18 | | of one hand at or above the wrist; |
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| 20 | 19 | | (5) an injury to the spine that results in permanent |
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| 21 | 20 | | and complete paralysis of both arms, both legs, or one arm and one |
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| 22 | 21 | | leg; |
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| 23 | 22 | | (6) a physically traumatic injury to the brain |
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| 24 | 23 | | resulting in permanent cognitive deficits that: |
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| 25 | 24 | | (A) render the employee permanently unemployable |
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| 26 | 25 | | without significant accommodations; or |
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| 27 | 26 | | (B) affect the non-vocational quality of the |
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| 28 | 27 | | employee's life so as to eliminate the employee's ability to engage |
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| 29 | 28 | | in a range of usual cognitive processes [incurable insanity or |
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| 30 | 29 | | imbecility]; [or] |
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| 31 | 30 | | (7) third degree burns that cover at least 40 percent |
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| 32 | 31 | | of the body and require grafting, or third degree burns covering the |
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| 33 | 32 | | majority of: |
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| 34 | 33 | | (A) [either] both hands; |
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| 35 | 34 | | (B) both feet; |
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| 36 | 35 | | (C) one hand and one foot; or |
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| 37 | 36 | | (D) one hand or foot and the face; or |
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| 38 | 37 | | (8) permanent and total disability as determined by |
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| 39 | 38 | | the Bureau of Justice Assistance of the United States Department of |
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| 40 | 39 | | Justice under the Public Safety Officers' Benefits Act of 1976 (34 |
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| 41 | 40 | | U.S.C. Section 10281 et seq.) if the employee is: |
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| 42 | 41 | | (A) a first responder as defined by Section |
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| 43 | 42 | | 421.095, Government Code; and |
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| 44 | 43 | | (B) employed by a political subdivision that |
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| 45 | 44 | | self-insures, either individually or collectively. |
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| 46 | 45 | | SECTION 2. The changes in law made by this Act apply to a |
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| 47 | 46 | | claim for lifetime income benefits based on a compensable injury |
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| 48 | 47 | | that occurs on or after the effective date of this Act. A claim |
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| 49 | 48 | | based on a compensable injury that occurs before the effective date |
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| 50 | 49 | | of this Act is governed by the law in effect on the date the |
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| 51 | 50 | | compensable injury occurred, and the former law is continued in |
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| 52 | 51 | | effect for that purpose. |
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| 53 | 52 | | SECTION 3. This Act takes effect September 1, 2019. |
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