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A BILL TO BE ENTITLED
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AN ACT
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relating to lifetime income benefits under the workers' |
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compensation system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.061, Labor Code, is amended by |
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amending Subsection (g) and adding Subsection (h) to read as |
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follows: |
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(g) Except as otherwise provided by Subsection (h), the |
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[The] maximum weekly income benefit in effect on the date of injury |
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is applicable for the entire time that the benefit is payable. |
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(h) For a claim for lifetime income benefits by an employee |
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who is a first responder as defined by Section 504.055, the maximum |
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weekly income benefit in effect on the date the claim for lifetime |
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income benefits is finally adjudicated by the division or a court, |
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as applicable, is applicable for the entire time that the benefit is |
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payable. |
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SECTION 2. Sections 408.161(a) and (c), Labor Code, are |
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amended to read as follows: |
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(a) Lifetime income benefits are paid until the death of the |
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employee for: |
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(1) total and permanent loss of sight in both eyes; |
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(2) loss of both feet at or above the ankle; |
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(3) loss of both hands at or above the wrist; |
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(4) loss of one foot at or above the ankle and the loss |
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of one hand at or above the wrist; |
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(5) an injury to the spine that results in: |
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(A) permanent and complete paralysis of both |
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arms, both legs, or one arm and one leg; or |
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(B) substantial paralysis to the extent that the |
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employee must use a wheelchair for mobility, regardless of whether |
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minimal movement of an affected limb is possible; |
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(6) a physically traumatic injury to the brain |
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resulting in the person having an incurable mental illness or |
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intellectual disability [insanity or imbecility]; or |
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(7) third degree burns that cover at least 40 percent |
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of the body and require grafting, or third degree burns covering the |
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majority of either both hands or one hand and the face. |
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(c) Subject to Section 408.061, the amount of lifetime |
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income benefits is equal to 75 percent of the employee's average |
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weekly wage or, if the employee is a first responder as defined by |
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Section 504.055, 100 percent of the employee's average weekly wage. |
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Benefits being paid shall be increased at a rate of three percent a |
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year notwithstanding Section 408.061. |
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SECTION 3. The changes in law made by this Act apply to a |
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claim for lifetime income benefits based on a compensable injury |
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that occurs on or after the effective date of this Act. A claim |
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based on a compensable injury that occurs before the effective date |
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of this Act is governed by the law in effect on the date the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |