87S20839 KKR-D
 
  By: Hall S.B. No. 96
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to workers' compensation benefits for injuries caused by
  employer-required COVID-19 vaccines and payment of those 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.  PRESUMPTION OF COMPENSABILITY FOR INJURY
  CAUSED BY EMPLOYER-REQUIRED COVID-19 VACCINE.  (a)  In this
  section, "COVID-19" means the 2019 novel coronavirus disease.
         (b)  An employee who suffers an injury caused by an adverse
  reaction to a COVID-19 vaccine resulting in disability or death is
  presumed to have suffered the injury during the course and scope of
  employment if the employee was required to receive the vaccine as a
  condition of employment.
         SECTION 2.  Section 409.021(a-3), Labor Code, is amended to
  read as follows:
         (a-3)  An insurance carrier is not required to comply with
  Subsection (a) if the claim results from an employee's disability
  or death for which a presumption is claimed to be applicable under
  Section 408.009 of this code or Subchapter B, Chapter 607,
  Government Code, and, not later than the 15th day after the date on
  which the insurance carrier received written notice of the injury,
  the insurance carrier has provided the employee and the division
  with a notice that describes all steps taken by the insurance
  carrier to investigate the injury before the notice was given and
  the evidence the carrier reasonably believes is necessary to
  complete its investigation of the compensability of the
  injury.  The commissioner shall adopt rules as necessary to
  implement this subsection.
         SECTION 3.  Section 415.021(c-2), Labor Code, is amended to
  read as follows:
         (c-2)  In determining whether to assess an administrative
  penalty involving a claim in which the insurance carrier provided
  notice under Section 409.021(a-3), the commissioner shall consider
  whether:
               (1)  the employee cooperated with the insurance
  carrier's investigation of the claim;
               (2)  the employee timely authorized access to the
  applicable medical records before the insurance carrier's deadline
  to:
                     (A)  begin payment of benefits; or
                     (B)  notify the division and the employee of the
  insurance carrier's refusal to pay benefits; and
               (3)  the insurance carrier conducted an investigation
  of the claim, applied the statutory presumptions under Section
  408.009 of this code or Subchapter B, Chapter 607, Government Code,
  and expedited medical benefits under Section 504.055.
         SECTION 4.  Section 408.009, Labor Code, as added by this
  Act, applies only to a claim for workers' compensation benefits
  filed on or after the effective date of this Act. A claim filed
  before that date is governed by the law as it existed on the date the
  claim was filed, and the former law is continued in effect for that
  purpose.
         SECTION 5.  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 on the 91st day after the last day of the
  legislative session.