76R11573 PB-F By Brimer H.B. No. 2842 Substitute the following for H.B. No. 2842: By Brimer C.S.H.B. No. 2842 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to continued payment of salary by an employer as 1-3 replacement for certain workers' compensation income benefits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The heading to Section 408.003, Labor Code, is 1-6 amended to read as follows: 1-7 Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS; SALARY 1-8 CONTINUATION; OFFSET AGAINST INCOME BENEFITS; LIMITS. 1-9 SECTION 2. Section 408.003, Labor Code, is amended by adding 1-10 Subsections (f) and (g) to read as follows: 1-11 (f) Salary continuation payments made by an employer for an 1-12 employee's disability resulting from a compensable injury shall be 1-13 considered payment of income benefits for the purpose of 1-14 determining the accrual date of any subsequent income benefits 1-15 under this subtitle. 1-16 (g) Payments made as salary continuation or salary 1-17 supplementation do not affect the exclusive remedy provisions of 1-18 Section 408.001. 1-19 SECTION 3. Subchapter F, Chapter 408, Labor Code, is amended 1-20 by adding Section 408.105 to read as follows: 1-21 Sec. 408.105. SALARY CONTINUATION IN LIEU OF TEMPORARY 1-22 INCOME BENEFITS. (a) In lieu of payment of temporary income 1-23 benefits under this subchapter, an employer may continue to pay the 1-24 salary of an employee who sustains a compensable injury under a 2-1 contractual obligation between the employer and employee, such as a 2-2 collective bargaining agreement, written agreement, or policy. 2-3 (b) Salary continuation may include wage supplementation if: 2-4 (1) employer reimbursement is not sought from the 2-5 carrier as provided by Section 408.127; and 2-6 (2) the supplementation does not affect the employee's 2-7 eligibility for any future income benefits. 2-8 SECTION 4. This Act takes effect September 1, 1999, and 2-9 applies only to a claim for workers' compensation benefits based on 2-10 a compensable injury that occurs on or after that date. A claim 2-11 based on a compensable injury that occurs before that date is 2-12 governed by the law in effect on the date that the compensable 2-13 injury occurred, and the former law is continued in effect for that 2-14 purpose. 2-15 SECTION 5. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.