SRC-JRN H.B. 768 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 768
By: Junell (Duncan)
Economic Development
5-14-97
Engrossed


DIGEST 

Currently, if a company chooses to terminate an employee who has a
workers' compensation claim in the background of the company, the employee
has to prove that the employer's motivation for termination was linked to
the worker's historical compensation claim.  If the employee is able to
prove that the termination was based on a historical claim, the employee
may recover damages incurred as a result of the employer's actions.  This
bill limits damages available in a suit for retaliatory discharge due to a
workers' compensation claim to economic damages.  

PURPOSE

As proposed, H.B. 768 limits damages available in a suit for retaliatory
discharge due to a workers' compensation claim to economic damages.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 451.002, Labor Code, by adding Subsection (d),
to provide that "reasonable damages" does not include damages for pain and
suffering, mental anguish, loss associated with disfigurement, or loss of
companionship or consortium. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.