Sec. 408.008. COMPENSABILITY OF HEART ATTACKS. A heart attack is a compensable injury under this subtitle 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.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER B. MEDICAL BENEFITS
Notes of Decisions
Transcontinental Ins. Co. v. Smith, 135 S.W.3d 831 (Tex. App. 2004).
· cites it 3× “The Labor Code allows a claimant to recover from a compensable heart attack injury only if: (1) one can identify the attack 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; and (2)…”
Choice v. Gibbs, 222 S.W.3d 832 (Tex. App. 2007).
· cites it 2× “TEX. LAB. CODE ANN. § 408.008 (Vernon Supp.”
— Tex. Lab. Code § 408.008(1) — 1 case
Transcontinental Ins. Co. v. Smith, 135 S.W.3d 831 (Tex. App. 2004).
“The Labor Code allows a claimant to recover from a compensable heart attack injury only if: (1) one can identify the attack 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; and (2)…”
— Tex. Lab. Code § 408.008(2) — 2 cases
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