GQ Corner
Q. I have a claimant with two open claims involving injuries to the same body area. She is receiving impairment income benefits (IIBs) in connection with the first injury. I have recently learned that she will undergo surgery and lose time from work as a result of the second injury. Is she entitled to temporary income benefits (TIBs) in connection with the second injury, even though she is receiving IIBs in connection with the first?
A. Yes. While the claimant could not receive “double TIBs” for the same dates of disability, TIBs and IIBs may be paid simultaneously for two separate, compensable injuries.
Q. I have a claimant who sustained a heart attack while standing at work. Does Texas law recognize the compensability of heart attacks?
A. Yes, but only if specific criteria are met. Texas Labor Code Section 408.008 provides that a heart attack is compensable only if:
(1) the attack can be identified as (A) occurring at a definite time and place; and (B) caused by a specific event occurring in the course and scope of the employee’s employment;
(2) the preponderance of the medical evidence regarding the attack indicates that the employee’s work rather than the natural progression of a preexisting heart condition or disease was a substantial contributing factor of the attack; and
(3) the attack was not triggered solely by emotional or mental stress factors, unless it was precipitated by a sudden stimulus.
Consequently, you should focus your investigation on the specific circumstances surrounding the heart attack, including the activity the claimant was performing prior to and contemporaneously with its onset, the claimant’s past medical history, and similar factors.
FOLIO
