TITLE: Relating to the eligibility of an injured employee for lifetime income benefits under the workers' compensation system.

SUMMARY: Relating to the eligibility of an injured employee for lifetime income benefits under the workers' compensation system.

FULL TEXT:
AN ACT relating to the eligibility of an injured employee for lifetime income benefits under the workers' compensation system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 408.161, Labor Code, is amended by amending Subsection (a) and adding Subsections (b-1) and (e) to read as follows: (a) Lifetime income benefits are paid until the death of the employee for: (1) total and permanent loss of sight in both eyes; (2) loss of both feet at or above the ankle; (3) loss of both hands at or above the wrist; (4) loss of one foot at or above the ankle and the loss of one hand at or above the wrist; (5) an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg; (6) a physically traumatic injury to the brain resulting in a permanent major neurocognitive disorder or a psychotic disorder [incurable insanity or imbecility];[or] (7) third degree burns that cover at least 40 percent of the body and require grafting, or third degree burns covering the majority of:(A) [either] both hands;(B) both feet; (C) one hand and one foot; or (D) one hand or foot and the face;or (8) a serious bodily injury sustained by the employee in the course and scope of the employee's employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work.(b-1) In this section: (1) "First responder" has the meaning assigned by Section 421.095, Government Code. (2) "Serious bodily injury" has the meaning assigned by Section 1.07, Penal Code. (e) Adjudication of lifetime income benefits for a first responder may proceed in the manner prescribed for an expedited proceeding under Section 504.055. SECTION 2. The changes in law made by this Act apply to a claim for lifetime income benefits based on a compensable injury that occurs on or after the effective date of this Act. A claim based on a compensable injury that occurs before the effective date of this Act is governed by the law in effect on the date the compensable injury occurred, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2023.