Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 128 - BENEFITS - CALCULATION OF AVERAGE WEEKLY WAGE › Section 128.4 - Average Weekly Wage Calculation for Part-Time Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) The average weekly wage used to determine
				temporary income benefits for all part-time employees shall be calculated
				according to the basic calculation described in §128.3(d), (e), or (g) of
				this title (relating to Average Weekly Wage Calculation for Full-Time
				Employees, and for Temporary Income Benefits for All Employees).
(b) For purposes of calculating average
				weekly wage for all other income and death benefits, part-time employees are
				considered in two different categories: those who worked part-time as a regular
				course of conduct, and those who did not. A "regular course of conduct" for
				part-time work shall be determined by reviewing the work history of the
				employee for the 12-month period preceding the injury. If the employee only
				worked part-time during that period, the employee is presumed to have worked
				part-time as a regular course of conduct unless such presumption is rebutted by
				credible evidence.
(c) For an
				employee who worked part-time as a regular course of conduct, §128.3(d),
				(e), or (g) of this title (relating to Average Weekly Calculation for Full-Time
				Employees, and for Temporary Income Benefits for All Employees) shall be used
				to calculate average weekly wage to determine impairment income, supplemental
				income, lifetime income, and death benefits.
(d) The average weekly wage for a part-time
				employee who did not work part-time as a regular course of conduct shall be
				calculated by using one of the two methods in subsection (e) or (f) of this
				section, depending upon the length of time the person was employed.
(e) For an employee who worked for the
				employer for 13 or more consecutive weeks before the date of injury, the person
				calculating benefits shall derive the average weekly part-time wage, and then
				adjust upward to a full-time average weekly wage, by this method:
(1) add together the wages for the 13 weeks
				immediately preceding the date of injury and divide the total by 13;
(2) then add together the number of hours
				worked by the employee during the same 13 weeks, and divide the total hours by
				13 to calculate the average weekly number of hours worked. The adjustment
				factor is the ratio of the number of full-time hours generally worked by
				similar employees in the same employment, over the average weekly number of
				hours worked by the injured employee. (Example: if the usual full-time hours
				for the employment is 40, and the average number of hours worked by the injured
				part-time employee is 30, then the adjustment factor derived is 40/30, or
				1.334.) For purposes of the adjustment factor, it shall be presumed that a
				full-time work week is 40 hours, unless and until evidence establishes that use
				of a different number of hours would be more just;
(3) finally, multiply the result of paragraph
				(1) of this subsection by the adjustment factor derived in paragraph (2) of
				this subsection; the product is the average weekly wage for this injured
				employee.