By: Hall S.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to workers' compensation benefits for injuries caused by
employer-required COVID-19 vaccines and payment of those benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 408, Labor Code, is
amended by adding Section 408.009 to read as follows:
Sec. 408.009. PRESUMPTION OF COMPENSABILITY FOR INJURY
CAUSED BY EMPLOYER-REQUIRED COVID-19 VACCINE. (a) In this
section, "COVID-19" means the 2019 novel coronavirus disease.
(b) An employee who suffers an injury caused by an adverse
reaction to a COVID-19 vaccine resulting in disability or death is
presumed to have suffered the injury during the course and scope of
employment if the employee was required to receive the vaccine as a
condition of employment.
SECTION 2. Section 409.021(a-3), Labor Code, is amended to
read as follows:
(a-3) An insurance carrier is not required to comply with
Subsection (a) if the claim results from an employee's disability
or death for which a presumption is claimed to be applicable under
Section 408.009 of this code or Subchapter B, Chapter 607,
Government Code, and, not later than the 15th day after the date on
which the insurance carrier received written notice of the injury,
the insurance carrier has provided the employee and the division
with a notice that describes all steps taken by the insurance
carrier to investigate the injury before the notice was given and
the evidence the carrier reasonably believes is necessary to
complete its investigation of the compensability of the
injury. The commissioner shall adopt rules as necessary to
implement this subsection.
SECTION 3. Section 415.021(c-2), Labor Code, is amended to
read as follows:
(c-2) In determining whether to assess an administrative
penalty involving a claim in which the insurance carrier provided
notice under Section 409.021(a-3), the commissioner shall consider
whether:
(1) the employee cooperated with the insurance
carrier's investigation of the claim;
(2) the employee timely authorized access to the
applicable medical records before the insurance carrier's deadline
to:
(A) begin payment of benefits; or
(B) notify the division and the employee of the
insurance carrier's refusal to pay benefits; and
(3) the insurance carrier conducted an investigation
of the claim, applied the statutory presumptions under Section
408.009 of this code or Subchapter B, Chapter 607, Government Code,
and expedited medical benefits under Section 504.055.
SECTION 4. Section 408.009, Labor Code, as added by this
Act, applies only to a claim for workers' compensation benefits
filed on or after the effective date of this Act. A claim filed
before that date is governed by the law as it existed on the date the
claim was filed, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.