Presumption Bill to be Considered by Senate today

CSHB 1388, by Rep. Dwayne Bohac (R-Houston) has been placed on the Senate intent calendar for May 12, 2015. The bill was reported favorably by the Senate Committee on State Affairs on May 7, 2015. 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.

As amended in its House committee the bill requires a person seeking to rebut the presumption of compensability 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 amended 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.