GEC C.S.H.B. 768 75(R)    BILL ANALYSIS


BUSINESS & INDUSTRY
C.S.H.B. 768
By: Junell
4-2-97
Committee Report (Substituted)



BACKGROUND 

The purpose of workers' compensation is to give temporary aid to those who
are injured on the job.  If a company chooses to terminate an employee
with a workers compensation claim in their background, the employee has to
prove that the employer's motivation for termination was linked to the
worker's historical compensation claim and not the actual cause.  If the
employee is able to prove this, the employee may recover damages incurred
as a result of the employer's actions.   

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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS


SECTION 1: Amends subsection (a), section 451.002, Labor Code limiting
damages to "economic" damages.   

 Amends subsection (d), section 451.002, Labor Code to define economic
damages: 

damages for pecuniary loss, including damages for loss of or damage to
property and damages for lost wages, loss of earning capacity, expenses or
medical care, and burial expenses.  The term does not include damages for
pain and suffering, mental anguish, loss associated with disfigurement, or
loss of companionship or consortium 

SECTION 2:  Makes the provision effective September 1, 1997 for causes of
action accruing on or after that date.  Actions accrued before September
1, 1997 will be governed by the law in effect when the action accrued, and
the former law is continued in effect for that purpose. 

SECTION 3:  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION  1 was deleted.  The remaining sections were renumbered
accordingly. In the new Section 1 (the old Section 2), the changes to
subsection (c) were deleted.  Subsection (d) remains the same.