reglab/housing_qa huggingface dataset:
TX Lab Code § 408.0446 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter C. Computation of Average Weekly Wage|Section 408.0446. Average Weekly Wage; School District Employee

Sec. 408.0446.  AVERAGE WEEKLY WAGE;  SCHOOL DISTRICT EMPLOYEE.  (a)  For determining the amount of temporary income benefits of a school district employee under Chapter 504, the average weekly wage is computed on the basis of wages earned in a week rather than on the basis of wages paid in a week.  The wages earned in any given week are equal to the amount that would be deducted from an employee's salary if the employee were absent from work for one week and the employee did not have personal leave available to compensate the employee for lost wages for that week.(b)  An insurance carrier may adjust a school district employee's average weekly wage as often as necessary to reflect the wages the employee reasonably could expect to earn during the period for which temporary income benefits are paid.  In adjusting a school district employee's average weekly wage under this subsection, the insurance carrier may consider any evidence of the employee's reasonable expectation of earnings.(c)  For determining the amount of impairment income benefits, supplemental income benefits, lifetime income benefits, or death benefits of a school district employee under Chapter 504, the average weekly wage of the employee is computed by dividing the total amount of wages earned by the employee during the 12 months immediately preceding the date of the injury by 50.(d)  If the commissioner determines that computing the average weekly wage of a school district employee as provided by this section is impractical because the employee did not earn wages during the 12 months immediately preceding the date of the injury, the commissioner shall compute the average weekly wage in a manner that is fair and just to both parties.(e)  The commissioner shall adopt rules as necessary to implement this section.|Added by Acts 2001, 77th Leg., ch. 1456, Sec. 10.04, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.098, eff. September 1, 2005.|
TX Lab Code § 408.045 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter C. Computation of Average Weekly Wage|Section 408.045. Nonpecuniary Wages

Sec. 408.045.  NONPECUNIARY WAGES.  The division may not include nonpecuniary wages in computing an employee's average weekly wage during a period in which the employer continues to provide the nonpecuniary wages.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.099, eff. September 1, 2005.|
TX Lab Code § 408.046 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter C. Computation of Average Weekly Wage|Section 408.046. Similar Employees, Services, or Employment

Sec. 408.046.  SIMILAR EMPLOYEES, SERVICES, OR EMPLOYMENT.  For purposes of this subchapter and Subchapter D, the determination as to whether employees, services, or employment are the same or similar must include consideration of:(1)  the training and experience of the employees;(2)  the nature of the work;  and(3)  the number of hours normally worked.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.047 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter C. Computation of Average Weekly Wage|Section 408.047. State Average Weekly Wage

Sec. 408.047.  STATE AVERAGE WEEKLY WAGE.  (a)  On and after October 1, 2006, the state average weekly wage is equal to 88 percent of the average weekly wage in covered employment computed by the Texas Workforce Commission under Section 207.002(c).(b)  Expired.(c)  Notwithstanding Subsection (a), the commissioner by rule may increase the state average weekly wage to an amount not to exceed 100 percent of the average weekly wage in covered employment computed by the Texas Workforce Commission under Section 207.002(c).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 963, Sec. 6, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.100, eff. September 1, 2005.|
TX Lab Code § 408.061 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter D. Computation of Benefits|Section 408.061. Maximum Weekly Benefit

Sec. 408.061.  MAXIMUM WEEKLY BENEFIT.  (a)  A weekly temporary income benefit may not exceed 100 percent of the state average weekly wage under Section 408.047 rounded to the nearest whole dollar.(b)  A weekly impairment income benefit may not exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.(c)  A weekly supplemental income benefit may not exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.(d)  A weekly death benefit may not exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar.(e)  A weekly lifetime income benefit may not exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar.(f)  The division shall compute the maximum weekly income benefits for each state fiscal year not later than October 1 of each year.(g)  The maximum weekly income benefit in effect on the date of injury is applicable for the entire time that the benefit is payable.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.101, eff. September 1, 2005.|
TX Lab Code § 408.062 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter D. Computation of Benefits|Section 408.062. Minimum Weekly Income Benefit

Sec. 408.062.  MINIMUM WEEKLY INCOME BENEFIT.  (a)  The minimum weekly income benefit is 15 percent of the state average weekly wage as determined under Section 408.047, rounded to the nearest whole dollar.(b)  The division shall compute the minimum weekly income benefit for each state fiscal year not later than October 1 of each year.(c)  The minimum weekly income benefit in effect on the date of injury is applicable for the entire time that income benefits are payable.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.102, eff. September 1, 2005.|
TX Lab Code § 408.063 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter D. Computation of Benefits|Section 408.063. Wage Presumptions; Administrative Violation

Sec. 408.063.  WAGE PRESUMPTIONS;  ADMINISTRATIVE VIOLATION.  (a)  To expedite the payment of income benefits, the commissioner may by rule establish reasonable presumptions relating to the wages earned by an employee, including the presumption that an employee's last paycheck accurately reflects the employee's usual wage.(b)  Not later than the 30th day after the date the employer receives notice of an injury to the employee, the employer shall file a wage statement showing the amount of all wages paid to the employee.(c)  An employer who fails to file a wage statement in accordance with Subsection (b) commits an administrative violation. |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.103, eff. September 1, 2005.|
TX Lab Code § 408.064 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter D. Computation of Benefits|Section 408.064. Interest on Accrued Benefits

Sec. 408.064.  INTEREST ON ACCRUED BENEFITS.  (a)  An order to pay income or death benefits accrued but unpaid must include interest on the amount of compensation due at the rate provided by Section 401.023.(b)  Accrued but unpaid compensation and interest shall be paid in a lump sum.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.081 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter E. Income Benefits in General|Section 408.081. Income Benefits

Sec. 408.081.  INCOME BENEFITS.  (a)  An employee is entitled to timely and accurate income benefits as provided in this chapter.(b)  Except as otherwise provided by this section or this subtitle, income benefits shall be paid weekly as and when they accrue without order from the commissioner.  Interest on accrued but unpaid benefits shall be paid, without order of the commissioner, at the time the accrued benefits are paid.(c)  The commissioner by rule shall establish requirements for agreements under which income benefits may be paid monthly.  Income benefits may be paid monthly only:(1)  on the request of the employee and the agreement of the employee and the insurance carrier; and(2)  in compliance with the requirements adopted by the commissioner.(d)  An employee's entitlement to income benefits under this chapter terminates on the death of the employee.  An interest in future income benefits does not survive after the employee's death.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 11, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.104, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1153 (H.B. 2089), Sec. 1, eff. September 1, 2011.|
TX Lab Code § 408.0815 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter E. Income Benefits in General|Section 408.0815. Resolution of Overpayment or Underpayment of Income Benefits

Sec. 408.0815.  RESOLUTION OF OVERPAYMENT OR UNDERPAYMENT OF INCOME BENEFITS.  (a)  The commissioner by rule shall establish a procedure by which an insurance carrier:(1)  may recoup an overpayment of income benefits from future income benefit payments that are not reimbursable under Section 410.209; and(2)  shall pay an underpayment of income benefits, including interest on accrued but unpaid benefits, in accordance with this subtitle.(b)  The procedure under Subsection (a) must include:(1)  a process by which an injured employee may notify the insurance carrier of an underpayment;(2)  the time frame and methodology by which an insurance carrier shall pay to an injured employee an underpayment;(3)  a process by which an insurance carrier shall notify an injured employee of an overpayment of income benefits;(4)  the time frame and methodology by which an insurance carrier may recoup an overpayment through the reduction of a future income benefit payment; and(5)  a method for coordinating overpayments that may be recouped from future income benefits and reimbursements described by Section 410.209.(c)  The procedure for recouping overpayments under Subsection (a)(1) must take into consideration the cause of the overpayment and minimize the financial hardship to the injured employee.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1153 (H.B. 2089), Sec. 2, eff. September 1, 2011.|
TX Lab Code § 408.082 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter E. Income Benefits in General|Section 408.082. Accrual of Right to Income Benefits

Sec. 408.082.  ACCRUAL OF RIGHT TO INCOME BENEFITS.  (a)  Income benefits may not be paid under this subtitle for an injury that does not result in disability for at least one week.(b)  If the disability continues for longer than one week, weekly income benefits begin to accrue on the eighth day after the date of the injury.  If the disability does not begin at once after the injury occurs or within eight days of the occurrence but does result subsequently, weekly income benefits accrue on the eighth day after the date on which the disability began.(c)  If the disability continues for two weeks or longer after the date it begins, compensation shall be computed from the date the disability begins.(d)  This section does not preclude the recovery of medical benefits as provided by Subchapter B.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.105, eff. September 1, 2005.|
TX Lab Code § 408.083 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter E. Income Benefits in General|Section 408.083. Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits

Sec. 408.083.  TERMINATION OF RIGHT TO TEMPORARY INCOME, IMPAIRMENT INCOME, AND SUPPLEMENTAL INCOME BENEFITS.  (a)  Except as provided by Subsection (b), an employee's eligibility for temporary income benefits, impairment income benefits, and supplemental income benefits terminates on the expiration of 401 weeks after the date of injury.(b)  If an employee incurs an occupational disease, the employee's eligibility for temporary income benefits, impairment income benefits, and supplemental income benefits terminates on the expiration of 401 weeks after the date on which benefits began to accrue.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.26, eff. Sept. 1, 1995.|
TX Lab Code § 408.084 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter E. Income Benefits in General|Section 408.084. Contributing Injury

Sec. 408.084.  CONTRIBUTING INJURY.  (a)  At the request of the insurance carrier, the commissioner may order that impairment income benefits and supplemental income benefits be reduced in a proportion equal to the proportion of a documented impairment that resulted from earlier compensable injuries.(b)  The commissioner shall consider the cumulative impact of the compensable injuries on the employee's overall impairment in determining a reduction under this section.(c)  If the combination of the compensable injuries results in an injury compensable under Section 408.161, the benefits for that injury shall be paid as provided by Section 408.162.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.106, eff. September 1, 2005.|
TX Lab Code § 408.085 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter E. Income Benefits in General|Section 408.085. Advance of Benefits for Hardship

Sec. 408.085.  ADVANCE OF BENEFITS FOR HARDSHIP.  (a)  If there is a likelihood that income benefits will be paid, the commissioner may grant an employee suffering financial hardship advances as provided by this subtitle against the amount of income benefits to which the employee may be entitled.  An advance may be ordered before or after the employee attains maximum medical improvement.  An insurance carrier shall pay the advance ordered.(b)  An employee must apply to the division for an advance on a form prescribed by the commissioner.  The application must describe the hardship that is the grounds for the advance.(c)  An advance under this section may not exceed an amount equal to four times the maximum weekly benefit for temporary income benefits as computed in Section 408.061.  The commissioner may not grant more than three advances to a particular employee based on the same injury.(d)  The commissioner may not grant an advance to an employee who is receiving, on the date of the application under Subsection (b), at least 90 percent of the employee's net preinjury wages under Section 408.003 or 408.129.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.107, eff. September 1, 2005.|
TX Lab Code § 408.101 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter F. Temporary Income Benefits|Section 408.101. Temporary Income Benefits

Sec. 408.101.  TEMPORARY INCOME BENEFITS.  (a)  An employee is entitled to temporary income benefits if the employee has a disability and has not attained maximum medical improvement.(b)  On the initiation of compensation as provided by Section 409.021, the insurance carrier shall pay temporary income benefits as provided by this subchapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 408.102 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter F. Temporary Income Benefits|Section 408.102. Duration of Temporary Income Benefits

Sec. 408.102.  DURATION OF TEMPORARY INCOME BENEFITS.  (a)  Temporary income benefits continue until the employee reaches maximum medical improvement.(b)  The commissioner by rule shall establish a presumption that maximum medical improvement has been reached based on a lack of medical improvement in the employee's condition.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.109, eff. September 1, 2005.|
TX Lab Code § 408.103 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter F. Temporary Income Benefits|Section 408.103. Amount of Temporary Income Benefits

Sec. 408.103.  AMOUNT OF TEMPORARY INCOME BENEFITS.  (a)  Subject to Sections 408.061 and 408.062, the amount of a temporary income benefit is equal to:(1)  70 percent of the amount computed by subtracting the employee's weekly earnings after the injury from the employee's average weekly wage; or(2)  for the first 26 weeks, 75 percent of the amount computed by subtracting the employee's weekly earnings after the injury from the employee's average weekly wage if the employee earns less than $10 an hour.(b)  A temporary income benefit under Subsection (a)(2) may not exceed the employee's actual earnings for the previous year.  It is presumed that the employee's actual earnings for the previous year are equal to:(1)  the sum of the employee's wages as reported in the most recent four quarterly wage reports to the Texas Workforce Commission divided by 52;(2)  the employee's wages in the single quarter of the most recent four quarters in which the employee's earnings were highest, divided by 13, if the commissioner finds that the employee's most recent four quarters' earnings reported in the Texas Workforce Commission wage reports are not representative of the employee's usual earnings; or(3)  the amount the commissioner determines from other credible evidence to be the actual earnings for the previous year if the Texas Workforce Commission does not have a wage report reflecting at least one quarter's earnings because the employee worked outside the state during the previous year.(c)  A presumption under Subsection (b) may be rebutted by other credible evidence of the employee's actual earnings.(d)  The Texas Employment Commission shall provide information required under this section in the manner most efficient for transferring the information.(e)  For purposes of Subsection (a), if an employee is offered a bona fide position of employment that the employee is reasonably capable of performing, given the physical condition of the employee and the geographic accessibility of the position to the employee, the employee's weekly earnings after the injury are equal to the weekly wage 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. 3.110, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 54 (S.B. 901), Sec. 1, eff. September 1, 2015.|
TX Lab Code § 408.104 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter F. Temporary Income Benefits|Section 408.104. Maximum Medical Improvement After Spinal Surgery

Sec. 408.104.  MAXIMUM MEDICAL IMPROVEMENT AFTER SPINAL SURGERY.  (a)  On application by either the employee or the insurance carrier, the commissioner by order may extend the 104-week period described by Section 401.011(30)(B) if the employee has had spinal surgery, or has been approved for spinal surgery under Section 408.026 and commissioner rules, within 12 weeks before the expiration of the 104-week period.  If an order is issued under this section, the order shall extend the statutory period for maximum medical improvement to a date certain, based on medical evidence presented to the commissioner.(b)  Either the employee or the insurance carrier may dispute an application for extension made under this section.  A dispute under this subsection is subject to Chapter 410.(c)  The commissioner shall adopt rules to implement this section, including rules establishing procedures for requesting and disputing an extension.|Added by Acts 1997, 75th Leg., ch. 1443, Sec. 5, eff. Jan. 1, 1998.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.111, eff. September 1, 2005.|
TX Lab Code § 408.105 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 408 - Workers' Compensation Benefits|Subchapter F. Temporary Income Benefits|Section 408.105. Salary Continuation in Lieu of Temporary Income Benefits

Sec. 408.105.  SALARY CONTINUATION IN LIEU OF TEMPORARY INCOME BENEFITS.  (a)  In lieu of payment of temporary income benefits under this subchapter, an employer may continue to pay the salary of an employee who sustains a compensable injury under a contractual obligation between the employer and employee, such as a collective bargaining agreement, written agreement, or policy.(b)  Salary continuation may include wage supplementation if:(1)  employer reimbursement is not sought from the carrier as provided by Section 408.127;  and(2)  the supplementation does not affect the employee's eligibility for any future income benefits.|Added by Acts 1999, 76th Leg., ch. 1003, Sec. 3, eff. Sept. 1, 1999.|
TX Lab Code § 408.121 (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 408.121. Impairment Income Benefits

Sec. 408.121.  IMPAIRMENT INCOME BENEFITS.  (a)  An employee's entitlement to impairment income benefits begins on the day after the date the employee reaches maximum medical improvement and ends on the earlier of:(1)  the date of expiration of a period computed at the rate of three weeks for each percentage point of impairment;  or(2)  the date of the employee's death.(b)  The insurance carrier shall begin to pay impairment income benefits not later than the fifth day after the date on which the insurance carrier receives the doctor's report certifying maximum medical improvement.  Impairment income benefits shall be paid for a period based on the impairment rating, unless that rating is disputed under Subsection (c).(c)  If the insurance carrier disputes the impairment rating used under Subsection (a), the carrier shall pay the employee impairment income benefits for a period based on the carrier's reasonable assessment of the correct rating.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|