Bill Text: TX HB2468 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the entitlement of an injured employee to lifetime income benefits under the workers' compensation system.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB2468 Detail]
Download: Texas-2023-HB2468-Comm_Sub.html
Bill Title: Relating to the entitlement of an injured employee to lifetime income benefits under the workers' compensation system.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB2468 Detail]
Download: Texas-2023-HB2468-Comm_Sub.html
By: Burrows, et al. (Senate Sponsor - Perry) | H.B. No. 2468 | |
(In the Senate - Received from the House April 5, 2023; | ||
April 12, 2023, read first time and referred to Committee on | ||
Business & Commerce; May 10, 2023, reported favorably by the | ||
following vote: Yeas 11, Nays 0; May 10, 2023, sent to printer.) | ||
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
SchwertnerX | ||
KingX | ||
BirdwellX | ||
CampbellX | ||
CreightonX | ||
JohnsonX | ||
KolkhorstX | ||
MenéndezX | ||
MiddletonX | ||
NicholsX | ||
ZaffiriniX | ||
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relating to the entitlement of an injured employee to lifetime | ||
income benefits under the workers' compensation system. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 408.0041, Labor Code, is amended by | ||
amending Subsection (j) and adding Subsection (k-1) to read as | ||
follows: | ||
(j) An employee is not entitled to temporary income | ||
benefits, or to lifetime income benefits under Section 408.1615, if | ||
applicable to the employee, and an insurance carrier is authorized | ||
to suspend the payment of those [ |
||
and for a period in which the employee fails to submit to an | ||
examination required by Subsection (a) or (f) or, if applicable, | ||
Section 408.1615(h), unless the commissioner determines that the | ||
employee had good cause for the failure to submit to the | ||
examination. The commissioner may order temporary income benefits | ||
or lifetime income benefits under Section 408.1615, as applicable, | ||
to be paid for the period for which the commissioner determined that | ||
the employee had good cause. The commissioner by rule shall ensure | ||
that: | ||
(1) an employee receives reasonable notice of an | ||
examination and the insurance carrier's basis for suspension; and | ||
(2) the employee is provided a reasonable opportunity | ||
to reschedule an examination for good cause. | ||
(k-1) If the report of a designated doctor indicates that an | ||
employee receiving lifetime income benefits under Section 408.1615 | ||
is no longer entitled to those benefits, the insurance carrier may | ||
suspend the payment of lifetime income benefits as provided by that | ||
section. | ||
SECTION 2. Section 408.161(a), Labor Code, is amended 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 that, | ||
as determined using evidence-based medicine, results in a permanent | ||
major neurocognitive disorder: | ||
(A) for which the employee requires occasional | ||
supervision in the performance of routine daily tasks of self-care; | ||
and | ||
(B) that renders the employee permanently | ||
unemployable [ |
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(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) [ |
||
(B) [ |
||
(C) one hand or one foot and the face. | ||
SECTION 3. Subchapter I, Chapter 408, Labor Code, is | ||
amended by adding Section 408.1615 to read as follows: | ||
Sec. 408.1615. LIFETIME INCOME BENEFITS FOR CERTAIN FIRST | ||
RESPONDERS. (a) In this section: | ||
(1) "First responder" means an individual who is: | ||
(A) a peace officer under Article 2.12, Code of | ||
Criminal Procedure; | ||
(B) certified under Chapter 773, Health and | ||
Safety Code, as an emergency care attendant, advanced emergency | ||
medical technician, emergency medical technician-paramedic or a | ||
licensed paramedic; | ||
(C) a firefighter subject to certification by the | ||
Texas Commission on Fire Protection under Chapter 419, Government | ||
Code, whose principal duties are aircraft crash and rescue or fire | ||
fighting; or | ||
(D) an individual covered under Section 504.012 | ||
who is providing volunteer services as: | ||
(i) a volunteer firefighter, regardless of | ||
whether the individual is certified under Chapter 419, Government | ||
Code; or | ||
(ii) an emergency medical services | ||
volunteer, as defined by Section 773.003, Health and Safety Code. | ||
(2) "Serious bodily injury" has the meaning assigned | ||
by Section 1.07, Penal Code. | ||
(b) This section applies only to an employee who sustains a | ||
serious bodily injury, other than an injury described by Section | ||
408.161, in the course and scope of the employee's employment or | ||
volunteer service as a first responder that renders the employee | ||
permanently unemployable. | ||
(c) Except as otherwise provided by this section, an | ||
employee to which this section applies is entitled to receive | ||
lifetime income benefits paid until the employee's death for the | ||
employee's injury. Sections 408.161(c) and (d) apply to the | ||
payment of lifetime income benefits under this section. | ||
(d) The division shall accelerate any dispute, including a | ||
contested case hearing or appeal requested by the employee, | ||
regarding an employee's continuing entitlement to lifetime income | ||
benefits under this section. The employee shall provide notice to | ||
the division that the dispute involves a first responder. | ||
(e) An employee receiving lifetime income benefits under | ||
this section shall annually certify to the insurance carrier, in | ||
the form and manner prescribed by the division, that the employee | ||
was not employed in any capacity during the preceding year. | ||
(f) Notwithstanding Sections 410.169 and 410.205, an | ||
insurance carrier may periodically review an employee's continuing | ||
entitlement to lifetime income benefits under this section, but not | ||
more than once during any five-year period. | ||
(g) Notwithstanding Subsection (f), an insurance carrier | ||
may review an employee's continuing entitlement to lifetime income | ||
benefits under this section regardless of the date on which the | ||
insurance carrier most recently reviewed the employee's continuing | ||
entitlement, if: | ||
(1) the employee certifies to the insurance carrier | ||
under Subsection (e) that the employee was not employed in any | ||
capacity during the preceding year; | ||
(2) the insurance carrier provides evidence to the | ||
commissioner that the certification provided by the employee under | ||
Subsection (e) is not accurate; and | ||
(3) the commissioner notifies the insurance carrier | ||
that the commissioner has determined that the evidence provided by | ||
the insurance carrier is sufficient to show that the certification | ||
provided by the employee under Subsection (e) may not be accurate. | ||
(h) An insurance carrier reviewing an employee's continuing | ||
entitlement under Subsection (f) or (g) shall request the | ||
commissioner to order a medical examination conducted by a | ||
designated doctor under Section 408.0041. Except as otherwise | ||
provided by this section, the requirements of Section 408.0041 | ||
apply to an examination ordered under this subsection to the same | ||
extent as if the examination were ordered under Section | ||
408.0041(a). | ||
(i) An employee is not entitled to lifetime income benefits | ||
under this section, and an insurance carrier is authorized to | ||
suspend the payment of lifetime income benefits, during and for a | ||
period in which the employee fails to complete the annual | ||
certification required by Subsection (e), the employee is employed | ||
in any capacity, or as provided under Section 408.0041(j) or (k-1), | ||
unless the commissioner determines that there is good cause. The | ||
commissioner by rule shall ensure that an employee receives | ||
reasonable notice of the insurance carrier's basis for the | ||
suspension and is provided a reasonable opportunity to complete the | ||
annual certification under Subsection (e) or otherwise respond to | ||
the notice. | ||
(j) The commissioner shall adopt rules necessary to | ||
implement this section, including rules: | ||
(1) prescribing the deadline for the submission and | ||
the form and the manner of the submission of the annual | ||
certification required by Subsection (e); and | ||
(2) establishing procedures for: | ||
(A) the review of an employee's continuing | ||
entitlement to lifetime income benefits under this section; | ||
(B) the suspension and reinstatement of lifetime | ||
income benefits under this section; and | ||
(C) the termination of lifetime income benefits | ||
under this section on a final determination that an employee is no | ||
longer entitled to the benefits. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2023. | ||
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