Presumption Bill Passed by the Senate

CSHB 1388, by Rep. Dwayne Bohac (R-Houston) was passed by the Senate on May 15, 2015. The bill will now make its way to the Governor’s desk where it will await his signature.

The legislation amends the Texas Government Code, and relates to the presumption that certain diseases and illnesses of firefighters and emergency medical technicians are workplace injuries and are covered under benefits and workers’ compensation systems. This presumption only applies for a firefighter or EMT who has been employed for more than five years and discovers the illness during their employment.

The bill requires a person seeking to rebut the presumption of compensability to offer a statement that describes in detail the evidence that the person reviewed before making the determination that a non-work-related factor caused the heart attack or stroke.

The bill also requires a carrier to include language on its PLN-1 that explains why it determined that the presumption does not apply and to describe the evidence that it reviewed in making that determination.