| 1 | 1 | | 87R7871 JSC-F |
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| 2 | 2 | | By: Patterson H.B. No. 2502 |
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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 lifetime income benefits under the workers' |
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| 8 | 8 | | compensation system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 408.061, Labor Code, is amended by |
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| 11 | 11 | | amending Subsection (g) and adding Subsection (h) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (g) Except as otherwise provided by Subsection (h), the |
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| 14 | 14 | | [The] maximum weekly income benefit in effect on the date of injury |
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| 15 | 15 | | is applicable for the entire time that the benefit is payable. |
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| 16 | 16 | | (h) For a claim for lifetime income benefits by an employee |
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| 17 | 17 | | who is a first responder as defined by Section 504.055, the maximum |
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| 18 | 18 | | weekly income benefit in effect on the date the claim for lifetime |
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| 19 | 19 | | income benefits is finally adjudicated by the division or a court, |
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| 20 | 20 | | as applicable, is applicable for the entire time that the benefit is |
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| 21 | 21 | | payable. |
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| 22 | 22 | | SECTION 2. Sections 408.161(a) and (c), Labor Code, are |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (a) Lifetime income benefits are paid until the death of the |
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| 25 | 25 | | employee for: |
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| 26 | 26 | | (1) total and permanent loss of sight in both eyes; |
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| 27 | 27 | | (2) loss of both feet at or above the ankle; |
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| 28 | 28 | | (3) loss of both hands at or above the wrist; |
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| 29 | 29 | | (4) loss of one foot at or above the ankle and the loss |
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| 30 | 30 | | of one hand at or above the wrist; |
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| 31 | 31 | | (5) an injury to the spine that results in: |
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| 32 | 32 | | (A) permanent and complete paralysis of both |
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| 33 | 33 | | arms, both legs, or one arm and one leg; or |
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| 34 | 34 | | (B) substantial paralysis to the extent that the |
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| 35 | 35 | | employee must use a wheelchair for mobility, regardless of whether |
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| 36 | 36 | | minimal movement of an affected limb is possible; |
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| 37 | 37 | | (6) a physically traumatic injury to the brain |
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| 38 | 38 | | resulting in the person having an incurable mental illness or |
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| 39 | 39 | | intellectual disability [insanity or imbecility]; or |
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| 40 | 40 | | (7) third degree burns that cover at least 40 percent |
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| 41 | 41 | | of the body and require grafting, or third degree burns covering the |
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| 42 | 42 | | majority of either both hands or one hand and the face. |
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| 43 | 43 | | (c) Subject to Section 408.061, the amount of lifetime |
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| 44 | 44 | | income benefits is equal to 75 percent of the employee's average |
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| 45 | 45 | | weekly wage or, if the employee is a first responder as defined by |
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| 46 | 46 | | Section 504.055, 100 percent of the employee's average weekly wage. |
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| 47 | 47 | | Benefits being paid shall be increased at a rate of three percent a |
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| 48 | 48 | | year notwithstanding Section 408.061. |
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| 49 | 49 | | SECTION 3. The changes in law made by this Act apply to a |
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| 50 | 50 | | claim for lifetime income benefits based on a compensable injury |
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| 51 | 51 | | that occurs on or after the effective date of this Act. A claim |
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| 52 | 52 | | based on a compensable injury that occurs before the effective date |
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| 53 | 53 | | of this Act is governed by the law in effect on the date the |
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| 54 | 54 | | compensable injury occurred, and the former law is continued in |
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| 55 | 55 | | effect for that purpose. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2021. |
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