workers’ comp presumption for firefighter and EMT infertility

The text as introduced · 576 words

89R607 KKR-D

By: Middleton
S.B. No. 454

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of a firefighter or emergency medical

technician for workers' compensation benefits for infertility.

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 OF INFERTILITY

FOR FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS. (a) In this

section:

(1) "Firefighter" and "emergency medical technician"

have the meanings assigned by Section 607.051, Government Code.

(2) "Infertility" means a disease of the male or

female reproductive system defined by the failure to achieve a

pregnancy after at least 12 months of regular unprotected sexual

intercourse.

(b) A firefighter or emergency medical technician who

suffers from infertility is presumed to have developed infertility

during the course and scope of employment as a firefighter or

emergency medical technician if the firefighter or emergency

medical technician:

(1) regularly responded on the scene to calls

involving fires or firefighting; or

(2) regularly responded to events involving the

documented release of radiation or a known or suspected carcinogen

while the person was employed as a firefighter or emergency medical

technician.

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 September 1, 2025.