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Tex. Lab. Code § 408.008

COMPENSABILITY OF HEART ATTACKS

Known as the Texas Workers' Compensation Act

The act spans §§ 401.001 to 419.007 (623 sections).

Applied in 5 court decisions — leading case Transcontinental Insurance Co. v. Smith (2004)

Most recently applied in New Hampshire Insurance Company v. Peggy C. Allison (August 2013)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

199620002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.