88R8271 RDS-F
By: Perry S.B. No. 1033
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of an injured employee for lifetime
income benefits under the workers' compensation system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.161, Labor Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (e) to
read as follows:
(a) Lifetime income benefits are paid until the death of the
employee for:
(1) total and permanent loss of sight in both eyes;
(2) loss of both feet at or above the ankle;
(3) loss of both hands at or above the wrist;
(4) loss of one foot at or above the ankle and the loss
of one hand at or above the wrist;
(5) an injury to the spine that results in permanent
and complete paralysis of both arms, both legs, or one arm and one
leg;
(6) a physically traumatic injury to the brain
resulting in a permanent major neurocognitive disorder or a
psychotic disorder [incurable insanity or imbecility]; [or]
(7) third degree burns that cover at least 40 percent
of the body and require grafting, or third degree burns covering the
majority of:
(A) [either] both hands;
(B) both feet;
(C) one hand and one foot; or
(D) one hand or foot and the face; or
(8) a serious bodily injury sustained by the employee
in the course and scope of the employee's employment or volunteer
service as a first responder that permanently prevents the employee
from performing any gainful work.
(b-1) In this section:
(1) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(2) "Serious bodily injury" has the meaning assigned
by Section 1.07, Penal Code.
(e) Adjudication of lifetime income benefits for a first
responder may proceed in the manner prescribed for an expedited
proceeding under Section 504.055.
SECTION 2. The changes in law made by this Act apply to a
claim for lifetime income 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 the effective date
of this Act 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, 2023.