reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter I. Lifetime Income Benefits › Section 408.161. Lifetime Income Benefits

Sec. 408.161.  LIFETIME INCOME BENEFITS.  (a)  Lifetime income benefits are paid until the death of the employee for:
(1)  total and permanent loss of sight in both eyes;
(2)  loss of both feet at or above the ankle;
(3)  loss of both hands at or above the wrist;
(4)  loss of one foot at or above the ankle and the loss of one hand at or above the wrist;
(5)  an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg;
(6)  a physically traumatic injury to the brain that, as determined using evidence-based medicine, results in a permanent major neurocognitive disorder:
(A)  for which the employee requires occasional supervision in the performance of routine daily tasks of self-care; and
(B)  that renders the employee permanently unemployable; or
(7)  third degree burns that cover at least 40 percent of the body and require grafting, or third degree burns covering the majority of:
(A)  both hands;
(B)  one hand and one foot; or
(C)  one hand or one foot and the face.
(b)  For purposes of Subsection (a), the total and permanent loss of use of a body part is the loss of that body part.
(c)  Subject to Section 408.061, the amount of lifetime income benefits is equal to 75 percent of the employee's average weekly wage.  Benefits being paid shall be increased at a rate of three percent a year notwithstanding Section 408.061.
(d)  An insurance carrier may pay lifetime income benefits through an annuity if the annuity agreement meets the terms and conditions for annuity agreements adopted by the commissioner by rule.  The establishment of an annuity under this subsection does not relieve the insurance carrier of the liability under this title for ensuring that the lifetime income benefits are paid.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1443, Sec. 7, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1426, Sec. 14, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1456, Sec. 9.01, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.126, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 721 (H.B. 2468), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter I. Lifetime Income Benefits › Section 408.162. Subsequent Injury Fund Benefits

Sec. 408.162.  SUBSEQUENT INJURY FUND BENEFITS.  (a)  If a subsequent compensable injury, with the effects of a previous injury, results in a condition for which the injured employee is entitled to lifetime income benefits, the insurance carrier is liable for the payment of benefits for the subsequent injury only to the extent that the subsequent injury would have entitled the employee to benefits had the previous injury not existed.
(b)  The subsequent injury fund shall compensate the employee for the remainder of the lifetime income benefits to which the employee is entitled.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter J. Death and Burial Benefits › Section 408.181. Death Benefits

Sec. 408.181.  DEATH BENEFITS.  (a)  An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death.
(b)  Subject to Section 408.061, the amount of a death benefit is equal to 75 percent of the employee's average weekly wage.
(c)  The commissioner by rule shall establish requirements for agreements under which death benefits may be paid monthly.  Death benefits may be paid monthly only:
(1)  on the request of the legal beneficiary and the agreement of the legal beneficiary and the insurance carrier; and
(2)  in compliance with the requirements adopted by the commissioner.
(d)  An insurance carrier may pay death benefits through an annuity if the annuity agreement meets the terms and conditions for annuity agreements adopted by the commissioner by rule.  The establishment of an annuity under this subsection does not relieve the insurance carrier of the liability under this title for ensuring that the death benefits are paid.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 15, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.127, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter J. Death and Burial Benefits › Section 408.184. Redistribution of Death Benefits

Sec. 408.184.  REDISTRIBUTION OF DEATH BENEFITS.  (a)  If a legal beneficiary dies or otherwise becomes ineligible for death benefits, benefits shall be redistributed to the remaining legal beneficiaries as provided by Sections 408.182 and 408.183.
(b)  If a spouse ceases to be eligible because of remarriage, the benefits payable to the remaining legal beneficiaries remain constant for 104 weeks.  After the 104th week, the spouse's share of benefits shall be redistributed as provided by Sections 408.182 and 408.183.
(c)  If all legal beneficiaries, other than the subsequent injury fund, cease to be eligible and the insurance carrier has not made 364 weeks of full death benefit payments, including the remarriage payment, the insurance carrier shall pay to the subsequent injury fund an amount computed by subtracting the total amount paid from the amount that would be paid for 364 weeks of death benefits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter J. Death and Burial Benefits › Section 408.185. Effect of Beneficiary Dispute; Attorney's Fees

Sec. 408.185.  EFFECT OF BENEFICIARY DISPUTE;  ATTORNEY'S FEES.  On settlement of a case in which the insurance carrier admits liability for death benefits but a dispute exists as to the proper beneficiary or beneficiaries, the settlement shall be paid in periodic payments as provided by law, with a reasonable attorney's fee not to exceed 25 percent of the settlement, paid periodically, and based on time and expenses.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter J. Death and Burial Benefits › Section 408.186. Burial Benefits

Sec. 408.186.  BURIAL BENEFITS.  (a)  If the death of an employee results from a compensable injury, the insurance carrier shall pay to the person who incurred liability for the costs of burial the lesser of:
(1)  the actual costs incurred for reasonable burial expenses; or
(2)  $10,000.
(b)  If the employee died away from the employee's usual place of employment, the insurance carrier shall pay the reasonable cost of transporting the body, not to exceed the cost of transporting the body to the employee's usual place of employment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 16, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 192 (S.B. 653), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter J. Death and Burial Benefits › Section 408.187. Autopsy

Sec. 408.187.  AUTOPSY.  (a)  If in a claim for death benefits based on an occupational disease an autopsy is necessary to determine the cause of death, the commission may, after opportunity for hearing, order the legal beneficiaries of a deceased employee to permit an autopsy.
(b)  A legal beneficiary is entitled to have a representative present at an autopsy ordered under this section.
(c)  The commissioner shall require the insurance carrier to pay the costs of a procedure ordered 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. 3.130, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter K. Protection of Rights to Benefits › Section 408.201. Benefits Exempt From Legal Process

Sec. 408.201.  BENEFITS EXEMPT FROM LEGAL PROCESS.  Benefits are exempt from:
(1)  garnishment;
(2)  attachment;
(3)  judgment;  and
(4)  other actions or claims.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter K. Protection of Rights to Benefits › Section 408.202. Assignability of Benefits

Sec. 408.202.  ASSIGNABILITY OF BENEFITS.  Benefits are not assignable, except a legal beneficiary may, with the commissioner's approval, assign the right to death 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. 3.131, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 408 - Workers' Compensation Benefits › Subchapter K. Protection of Rights to Benefits › Section 408.203. Allowable Liens

Sec. 408.203.  ALLOWABLE LIENS.  (a)  An income or death benefit is subject only to the following lien or claim, to the extent the benefit is unpaid on the date the insurance carrier receives written notice of the lien or claim, in the following order of priority:
(1)  an attorney's fee for representing an employee or legal beneficiary in a matter arising under this subtitle;
(2)  court-ordered child support;  or
(3)  a subrogation interest established under this subtitle.
(b)  A benefit that is subject to a lien or claim for payment of court-ordered child support shall be paid as required by an order or writ of income withholding under Chapter 158, Family Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.53, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 610, Sec. 22, eff. Sept. 1, 2003.