| 1 | 1 | | 88R8271 RDS-F |
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| 2 | 2 | | By: Perry S.B. No. 1033 |
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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 the eligibility of an injured employee for lifetime |
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| 8 | 8 | | income benefits under the workers' 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 408.161, Labor Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsections (b-1) and (e) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) Lifetime income benefits are paid until the death of the |
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| 14 | 14 | | employee for: |
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| 15 | 15 | | (1) total and permanent loss of sight in both eyes; |
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| 16 | 16 | | (2) loss of both feet at or above the ankle; |
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| 17 | 17 | | (3) loss of both hands at or above the wrist; |
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| 18 | 18 | | (4) loss of one foot at or above the ankle and the loss |
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| 19 | 19 | | of one hand at or above the wrist; |
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| 20 | 20 | | (5) an injury to the spine that results in permanent |
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| 21 | 21 | | and complete paralysis of both arms, both legs, or one arm and one |
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| 22 | 22 | | leg; |
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| 23 | 23 | | (6) a physically traumatic injury to the brain |
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| 24 | 24 | | resulting in a permanent major neurocognitive disorder or a |
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| 25 | 25 | | psychotic disorder [incurable insanity or imbecility]; [or] |
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| 26 | 26 | | (7) third degree burns that cover at least 40 percent |
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| 27 | 27 | | of the body and require grafting, or third degree burns covering the |
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| 28 | 28 | | majority of: |
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| 29 | 29 | | (A) [either] both hands; |
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| 30 | 30 | | (B) both feet; |
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| 31 | 31 | | (C) one hand and one foot; or |
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| 32 | 32 | | (D) one hand or foot and the face; or |
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| 33 | 33 | | (8) a serious bodily injury sustained by the employee |
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| 34 | 34 | | in the course and scope of the employee's employment or volunteer |
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| 35 | 35 | | service as a first responder that permanently prevents the employee |
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| 36 | 36 | | from performing any gainful work. |
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| 37 | 37 | | (b-1) In this section: |
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| 38 | 38 | | (1) "First responder" has the meaning assigned by |
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| 39 | 39 | | Section 421.095, Government Code. |
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| 40 | 40 | | (2) "Serious bodily injury" has the meaning assigned |
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| 41 | 41 | | by Section 1.07, Penal Code. |
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| 42 | 42 | | (e) Adjudication of lifetime income benefits for a first |
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| 43 | 43 | | responder may proceed in the manner prescribed for an expedited |
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| 44 | 44 | | proceeding under Section 504.055. |
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| 45 | 45 | | SECTION 2. The changes in law made by this Act apply to a |
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| 46 | 46 | | claim for lifetime income benefits based on a compensable injury |
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| 47 | 47 | | that occurs on or after the effective date of this Act. A claim |
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| 48 | 48 | | based on a compensable injury that occurs before the effective date |
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| 49 | 49 | | of this Act is governed by the law in effect on the date the |
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| 50 | 50 | | compensable injury occurred, and the former law is continued in |
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| 51 | 51 | | effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
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