reglab/housing_qa huggingface dataset:
TX Lab Code § 408.122 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.122. Eligibility for Impairment Income Benefits

Sec. 408.122.  ELIGIBILITY FOR IMPAIRMENT INCOME BENEFITS.  A claimant may not recover impairment income benefits unless evidence of impairment based on an objective clinical or laboratory finding exists.  If the finding of impairment is made by a doctor chosen by the claimant and the finding is contested, a designated doctor or a doctor selected by the insurance carrier must be able to confirm the objective clinical or laboratory finding on which the finding of impairment is based.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.27, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1456, Sec. 5.03, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.112, eff. September 1, 2005.|
TX Lab Code § 408.124 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.124. Impairment Rating Guidelines

Sec. 408.124.  IMPAIRMENT RATING GUIDELINES.  (a)  An award of an impairment income benefit, whether by the commissioner or a court, must be based on an impairment rating determined using the impairment rating guidelines described by this section.(b)  For determining the existence and degree of an employee's impairment, the division shall use "Guides to the Evaluation of Permanent Impairment," third edition, second printing, dated February 1989, published by the American Medical Association.(c)  Notwithstanding Subsection (b), the commissioner by rule may adopt the fourth edition of the "Guides to the Evaluation of Permanent Impairment," published by the American Medical Association, or a subsequent edition of those guides, for determining the existence and degree of an employee's impairment.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 12, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.114, eff. September 1, 2005.|
TX Lab Code § 408.125 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.125. Dispute as to Impairment Rating

Sec. 408.125.  DISPUTE AS TO IMPAIRMENT RATING.  (a)  If an impairment rating is disputed, the commissioner shall direct the employee to the next available doctor on the division's list of designated doctors, as provided by Section 408.0041.(b)  The designated doctor shall report in writing to the division.(c)  The report of the designated doctor shall have presumptive weight, and the division shall base the impairment rating on that report unless the preponderance of the other medical evidence is to the contrary.  If the preponderance of the medical evidence contradicts the impairment rating contained in the report of the designated doctor chosen by the division, the division shall adopt the impairment rating of one of the other doctors.(d)  To avoid undue influence on a person selected as a designated doctor under this section, only the injured employee or an appropriate member of the staff of the division may communicate with the designated doctor about the case regarding the injured employee's medical condition or history before the examination of the injured employee by the designated doctor.  After that examination is completed, communication with the designated doctor regarding the injured employee's medical condition or history may be made only through appropriate division staff members.  The designated doctor may initiate communication with any doctor who has previously treated or examined the injured employee for the work-related injury.(e)  Notwithstanding Subsection (d), the treating doctor and the insurance carrier are both responsible for sending to the designated doctor all the injured employee's medical records that are in their possession and that relate to the issue to be evaluated by the designated doctor.  The treating doctor and the insurance carrier may send the records without a signed release from the employee.  The designated doctor is authorized to receive the employee's confidential medical records to assist in the resolution of disputes.  The treating doctor and the insurance carrier may also send the designated doctor an analysis of the injured employee's medical condition, functional abilities, and return-to-work opportunities.(f)  A violation of Subsection (d) is an administrative violation.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.28, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1456, Sec. 5.04, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.115, eff. September 1, 2005.|
TX Lab Code § 408.126 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.126. Amount of Impairment Income Benefits

Sec. 408.126.  AMOUNT OF IMPAIRMENT INCOME BENEFITS.  Subject to Sections 408.061 and 408.062, an impairment income benefit is equal to 70 percent of the employee's average weekly wage.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.127 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.127. Reduction of Impairment Income Benefits

Sec. 408.127.  REDUCTION OF IMPAIRMENT INCOME BENEFITS.  (a)  An insurance carrier shall reduce impairment income benefits to an employee by an amount equal to employer payments made under Section 408.003 that are not reimbursed or reimbursable under that section.(b)  The insurance carrier shall remit the amount of a reduction under this section to the employer who made the payments.(c)  The commissioner shall adopt rules and forms to ensure the full reporting and the accuracy of reductions and reimbursements made under this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.116, eff. September 1, 2005.|
TX Lab Code § 408.128 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.128. Commutation of Impairment Income Benefits

Sec. 408.128.  COMMUTATION OF IMPAIRMENT INCOME BENEFITS.  (a)  An employee may elect to commute the remainder of the impairment income benefits to which the employee is entitled if the employee has returned to work for at least three months, earning at least 80 percent of the employee's average weekly wage.(b)  An employee who elects to commute impairment income benefits is not entitled to additional income benefits for the compensable injury.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.129 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter G. Impairment Income Benefits|Section 408.129. Acceleration of Impairment Income Benefits

Sec. 408.129.  ACCELERATION OF IMPAIRMENT INCOME BENEFITS.  (a)  On approval by the commissioner of a written request received from an employee, an insurance carrier shall accelerate the payment of impairment income benefits to the employee.  The accelerated payment may not exceed a rate of payment equal to that of the employee's net preinjury wage.(b)  The commissioner shall approve the request and order the acceleration of the benefits if the commissioner determines that the acceleration is:(1)  required to relieve hardship; and(2)  in the overall best interest of the employee.(c)  The duration of the impairment income benefits to which the employee is entitled shall be reduced to offset the increased payments caused by the acceleration taking into consideration the discount for present payment computed at the rate provided under Section 401.023.(d)  The commissioner may prescribe forms necessary to implement this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.117, eff. September 1, 2005.|
TX Lab Code § 408.141 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.141. Award of Supplemental Income Benefits

Sec. 408.141.  AWARD OF SUPPLEMENTAL INCOME BENEFITS.  An award of a supplemental income benefit, whether by the commissioner or a court, shall be made in accordance with this subchapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.118, eff. September 1, 2005.|
TX Lab Code § 408.1415 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.1415. Work Search Compliance Standards

Sec. 408.1415.  WORK SEARCH COMPLIANCE STANDARDS.  (a)  The commissioner by rule shall adopt compliance standards for supplemental income benefit recipients that require each recipient to demonstrate an active effort to obtain employment.  To be eligible to receive supplemental income benefits under this chapter, a recipient must provide evidence satisfactory to the division of:(1)  active participation in a vocational rehabilitation program conducted by the Department of Assistive and Rehabilitative Services or a private vocational rehabilitation provider;(2)  active participation in work search efforts conducted through the Texas Workforce Commission; or(3)  active work search efforts documented by job applications submitted by the recipient.(b)  In adopting rules under this section, the commissioner shall:(1)  establish the level of activity that a recipient should have with the Texas Workforce Commission and the Department of Assistive and Rehabilitative Services;(2)  define the number of job applications required to be submitted by a recipient to satisfy the work search requirements; and(3)  consider factors affecting the availability of employment, including recognition of access to employment in rural areas, economic conditions, and other appropriate employment availability factors.(c)  The commissioner may consult with the Texas Workforce Commission, the Department of Assistive and Rehabilitative Services, and other appropriate entities in adopting rules under this section. |Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.119, eff. September 1, 2005.|
TX Lab Code § 408.142 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.142. Supplemental Income Benefits

Sec. 408.142.  SUPPLEMENTAL INCOME BENEFITS.  (a)  An employee is entitled to supplemental income benefits if on the expiration of the impairment income benefit period computed under Section 408.121(a)(1) the employee:(1)  has an impairment rating of 15 percent or more as determined by this subtitle from the compensable injury;(2)  has not returned to work or has returned to work earning less than 80 percent of the employee's average weekly wage as a direct result of the employee's impairment;(3)  has not elected to commute a portion of the impairment income benefit under Section 408.128; and(4)  has complied with the requirements adopted under Section 408.1415.(b)  If an employee is not entitled to supplemental income benefits at the time of payment of the final impairment income benefit because the employee is earning at least 80 percent of the employee's average weekly wage, the employee may become entitled to supplemental income benefits at any time within one year after the date the impairment income benefit period ends if:(1)  the employee earns wages for at least 90 days that are less than 80 percent of the employee's average weekly wage;(2)  the employee meets the requirements of Subsections (a)(1), (3), and (4);  and(3)  the decrease in earnings is a direct result of the employee's impairment from the compensable injury.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.1195, eff. September 1, 2005.|
TX Lab Code § 408.143 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.143. Employee Statement

Sec. 408.143.  EMPLOYEE STATEMENT.  (a)  After the commissioner's initial determination of supplemental income benefits, the employee must file a statement with the insurance carrier stating:(1)  that the employee has earned less than 80 percent of the employee's average weekly wage as a direct result of the employee's impairment;(2)  the amount of wages the employee earned in the filing period provided by Subsection (b); and(3)  that the employee has complied with the requirements adopted under Section 408.1415.(b)  The statement required under this section must be filed quarterly on a form and in the manner provided by the commissioner.  The commissioner may modify the filing period as appropriate to an individual case.(c)  Failure to file a statement under this section relieves the insurance carrier of liability for supplemental income benefits for the period during which a statement is not filed.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.120, eff. September 1, 2005.|
TX Lab Code § 408.144 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.144. Computation of Supplemental Income Benefits

Sec. 408.144.  COMPUTATION OF SUPPLEMENTAL INCOME BENEFITS.  (a)  Supplemental income benefits are calculated quarterly and paid monthly.(b)  Subject to Section 408.061, the amount of a supplemental income benefit for a week is equal to 80 percent of the amount computed by subtracting the weekly wage the employee earned during the reporting period provided by Section 408.143(b) from 80 percent of the employee's average weekly wage determined under Section 408.041, 408.042, 408.043, 408.044, 408.0445, or 408.0446.(c)  For the purposes of this subchapter, if an employee is offered a bona fide position of employment that the employee is capable of performing, given the physical condition of the employee and the geographic accessibility of the position to the employee, the employee's weekly wages are considered to be equal to the weekly wages for the position offered to the employee.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.1205, eff. September 1, 2005.|
TX Lab Code § 408.145 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.145. Payment of Supplemental Income Benefits

Sec. 408.145.  PAYMENT OF SUPPLEMENTAL INCOME BENEFITS.  An insurance carrier shall pay supplemental income benefits beginning not later than the seventh day after the expiration date of the employee's impairment income benefit period and shall continue to pay the benefits in a timely manner.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.146 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.146. Termination of Supplemental Income Benefits; Reinitiation

Sec. 408.146.  TERMINATION OF SUPPLEMENTAL INCOME BENEFITS;  REINITIATION.  (a)  If an employee earns wages that are at least 80 percent of the employee's average weekly wage for at least 90 days during a time that the employee receives supplemental income benefits, the employee ceases to be entitled to supplemental income benefits for the filing period.(b)  Supplemental income benefits terminated under this section shall be reinitiated when the employee:(1)  satisfies the conditions of Section 408.142(b);  and(2)  files the statement required under Section 408.143.(c)  Notwithstanding any other provision of this section, an employee who is not entitled to supplemental income benefits for 12 consecutive months ceases to be entitled to any additional income benefits for the compensable injury.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.147 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.147. Contest of Supplemental Income Benefits by Insurance Carrier; Attorney's Fees

Sec. 408.147.  CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY INSURANCE CARRIER;  ATTORNEY'S FEES.  (a)  An insurance carrier may request a benefit review conference to contest an employee's entitlement to supplemental income benefits or the amount of supplemental income benefits.(b)  If an insurance carrier fails to make a request for a benefit review conference within 10 days after the date of the expiration of the impairment income benefit period or within 10 days after receipt of the employee's statement, the insurance carrier waives the right to contest entitlement to supplemental income benefits and the amount of supplemental income benefits for that period of supplemental income benefits.(c)  If an insurance carrier disputes the commissioner's determination that an employee is entitled to supplemental income benefits or the amount of supplemental income benefits due and the employee prevails on any disputed issue, the insurance carrier is liable for reasonable and necessary attorney's fees incurred by the employee as a result of the insurance carrier's dispute and for supplemental income benefits accrued but not paid and interest on that amount, according to Section 408.064.  Attorney's fees awarded under this subsection are not subject to Sections 408.221(b), (f), and (i).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.53, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1456, Sec. 8.02, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.121, eff. September 1, 2005.|
TX Lab Code § 408.148 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.148. Employee Discharge After Termination

Sec. 408.148.  EMPLOYEE DISCHARGE AFTER TERMINATION.  The commissioner may reinstate supplemental income benefits to an employee who is discharged within 12 months of the date of losing entitlement to supplemental income benefits under Section 408.146(c) if the commissioner finds that the employee was discharged at that time with the intent to deprive the employee of supplemental income benefits.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.122, eff. September 1, 2005.|
TX Lab Code § 408.149 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.149. Status Review; Benefit Review Conference

Sec. 408.149.  STATUS REVIEW; BENEFIT REVIEW CONFERENCE.  (a)  Not more than once in each period of 12 calendar months, an employee and an insurance carrier each may request the commissioner to review the status of the employee and determine whether the employee's unemployment or underemployment is a direct result of impairment from the compensable injury.(b)  Either party may request a benefit review conference to contest a determination of the commissioner at any time, subject only to the limits placed on the insurance carrier by Section 408.147.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.123, eff. September 1, 2005.|
TX Lab Code § 408.150 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.150. Vocational Rehabilitation

Sec. 408.150.  VOCATIONAL REHABILITATION.  (a)  The division shall refer an employee to the Texas Workforce Commission with a recommendation for appropriate services if the division determines that an employee could be materially assisted by vocational rehabilitation or training in returning to employment or returning to employment more nearly approximating the employee's preinjury employment.   The insurance carrier may provide vocational rehabilitation or training services through a private provider of vocational rehabilitation services.(b)  An employee who refuses services or refuses to cooperate with services provided under this section by the Texas Workforce Commission or a private provider loses entitlement to supplemental income benefits.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 956, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1426, Sec. 13, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.124, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 6, eff. June 9, 2017.|
TX Lab Code § 408.151 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter H. Supplemental Income Benefits|Section 408.151. Medical Examinations for Supplemental Income Benefits

Sec. 408.151.  MEDICAL EXAMINATIONS FOR SUPPLEMENTAL INCOME BENEFITS.  (a)  On or after the second anniversary of the date the commissioner makes the initial award of supplemental income benefits, an insurance carrier may not require an employee who is receiving supplemental income benefits to submit to a medical examination more than annually if, in the preceding year, the employee's medical condition resulting from the compensable injury has not improved sufficiently to allow the employee to return to work.(b)  If a dispute exists as to whether the employee's medical condition has improved sufficiently to allow the employee to return to work, the commissioner shall direct the employee to be examined by a designated doctor chosen by the division.  The designated doctor shall report to the division.  The report of the designated doctor has presumptive weight, and the division shall base its determination of whether the employee's medical condition has improved sufficiently to allow the employee to return to work on that report unless the preponderance of the other medical evidence is to the contrary.|Added by Acts 1999, 76th Leg., ch. 850, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.125, eff. September 1, 2005.|