78R6588 JMM-D

By:  Jones of Dallas                                              H.B. No. 2307



A BILL TO BE ENTITLED

AN ACT

relating to certain determinations of impairment for purposes of 
workers' compensation benefits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 408, Labor Code, is 
amended by adding Section 408.009 to read as follows:
	Sec. 408.009.  EFFECT OF RECEIPT OF SOCIAL SECURITY 
DISABILITY BENEFITS BY INJURED EMPLOYEE.  (a) This section applies 
only to an injured employee who is receiving social security 
disability insurance benefits due to an injury compensable under 
this subtitle.
	(b)  For purposes of the eligibility of an employee described 
by Subsection (a) for benefits under this subtitle, in a dispute 
regarding the impairment or attainment of maximum medical 
improvement of the employee the commission shall consider the fact 
that the employee remains eligible for the social security 
disability insurance benefits as determinative of the fact that the 
employee continues to be impaired as a result of the injury.
	SECTION 2.  The change in law made by this Act applies to a 
claim for workers' compensation benefits based on a compensable 
injury regardless of whether the injury occurs before, on, or after 
the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.