By Hochberg H.B. No. 2612
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment and funding of workers' compensation
1-3 benefits for certain claimants who work part-time or have multiple
1-4 employment.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 408.042, Labor Code, is amended to read as
1-7 follows:
1-8 Sec. 408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE OR
1-9 EMPLOYEE WITH MULTIPLE EMPLOYMENT. (a) The average weekly wage of
1-10 a part-time employee who limits the employee's work to less than
1-11 [full-time hours or] a full-time workweek as a regular course of
1-12 that employee's conduct is computed as provided in Section 408.041.
1-13 (b) For part-time employees not covered by Subsection (a) or
1-14 employees with multiple employment who have established eligibility
1-15 for temporary income benefits for less than 13 weeks, the average
1-16 weekly wage:
1-17 (1) for determining temporary income benefits is
1-18 computed as provided by Section 408.041; and
1-19 (2) for determining impairment income benefits,
1-20 supplemental income benefits, lifetime income benefits, and death
1-21 benefits is computed as follows:
1-22 (A) if the employee has worked for the employer
2-1 for at least the 13 weeks immediately preceding the date of the
2-2 injury, the average weekly wage is computed by dividing the sum of
2-3 the wages paid in the 13 consecutive weeks immediately preceding
2-4 the date of the injury by 13 and adjusting that amount to the
2-5 weekly wage level the employee would have attained by working a
2-6 full-time workweek at the same rate of pay; or
2-7 (B) if the employee has worked for the employer
2-8 for less than 13 weeks immediately preceding the date of the
2-9 injury, the average weekly wage is equal to:
2-10 (i) the weekly wage that the employer pays
2-11 a similar employee for similar services based on a [in] full-time
2-12 workweek [employment]; or
2-13 (ii) if a similar employee does not exist,
2-14 the usual wage paid in that vicinity for the same or similar
2-15 services based on a [provided for compensation in] full-time
2-16 workweek [employment].
2-17 (c) For employees with multiple employment who have
2-18 established eligibility for temporary income benefits for 13 weeks
2-19 or more, the average weekly wage for determining temporary income
2-20 benefits for the 13th and subsequent weeks, impairment income
2-21 benefits, supplemental income benefits, lifetime income benefits,
2-22 and death benefits is computed as follows:
2-23 (1) The average weekly wage for an employee with
2-24 multiple employment is equal to the sum of the average weekly wages
2-25 computed in (2) and (3) of this subsection.
2-26 (2) For each of the employers for whom the employee
3-1 has worked for at least the 13 weeks immediately preceding the date
3-2 of injury, the average weekly wage is equal to the sum of the wages
3-3 paid by that employer to the employee in the 13 weeks immediately
3-4 preceding the injury by 13.
3-5 (3) For each of the employers for whom the employee
3-6 has worked for less than the 13 weeks immediately preceding the
3-7 date of the injury, the average weekly wage is equal to:
3-8 (A) the weekly wage that employer pays similar
3-9 employees for similar services; or
3-10 (B) if a similar employee does not exist, the
3-11 usual weekly wage paid in that vicinity for the same or similar
3-12 services.
3-13 (4) The average weekly wage of an employee with
3-14 multiple employment who limits the employee's work to less than a
3-15 full-time workweek, but does not do so as a regular course of that
3-16 employee's conduct, is adjusted to the weekly wage level the
3-17 employee would have attained by working a full-time workweek at the
3-18 employee's average rate of pay.
3-19 (d) For an employee with multiple employment, only the
3-20 employee's wages that are reportable for federal income tax
3-21 purposes may be considered.
3-22 (e) If the commission determines that computing the average
3-23 weekly wage for an employee as provided by Subsection (b) or (c),
3-24 as applicable, is impractical or unreasonable, the commission shall
3-25 set the average weekly wage in a manner that more fairly reflects
3-26 the employee's average weekly wage and that is fair and just to
4-1 both parties or is in the manner agreed to by the parties. The
4-2 commission by rule may define methods to determine a fair and just
4-3 average weekly wage consistent with this section.
4-4 (f) An insurance carrier is entitled to apply for and to
4-5 receive reimbursement at least annually from the subsequent injury
4-6 fund for the amount of income benefits paid to a worker under this
4-7 section that are based on nonsubscriber employment. The commission
4-8 may adopt rules that govern the documentation, application process,
4-9 and other administrative requirements necessary to implement this
4-10 subsection.
4-11 (g) In this section:
4-12 (1) "Employee with multiple employment" means an
4-13 employee who has more than one employer.
4-14 (2) "Full-time workweek" means a 40 hour workweek.
4-15 (3) "Part-time [, "part-time] employee" means an
4-16 employee who, at the time of the injury, was working less than a
4-17 [the full-time hours or] full-time workweek for the employer for
4-18 whom the employee was working when the injury occurred [of similar
4-19 employees in the same employment, whether for the same or a
4-20 different employer].
4-21 (4) "Wages earned from non-subscriber employment"
4-22 means wages earned by an employee from an employer who was not
4-23 covered by workers' compensation insurance as provided by
4-24 Subchapter C, Chapter 406, or Chapter 407 during the period
4-25 described in Subsections (b) or (c).
4-26 SECTION 2. Section 403.006(b), Labor Code, is amended to
5-1 read as follows:
5-2 (b) The subsequent injury fund is liable for:
5-3 (1) the payment of compensation as provided by Section
5-4 408.162;
5-5 (2) reimbursement of insurance carrier claims of
5-6 overpayment of benefits based on interlocutory orders of the
5-7 commission as provided by this subtitle, consistent with the
5-8 priorities established by the commission; and
5-9 (3) reimbursement of insurance carrier claims as
5-10 provided by Section 408.042 of this subtitle, consistent with the
5-11 priorities established by the commission.
5-12 SECTION 3. Section 403.007, Labor Code, is amended by adding
5-13 Subsection (f) to read as follows:
5-14 (f) The commission's actuary or financial advisor shall
5-15 report biannually to the Research and Oversight Council on Workers'
5-16 Compensation on the financial condition and projected assets and
5-17 liabilities of the subsequent injury fund. The commission shall
5-18 make the reports available to members of the legislature and the
5-19 public.
5-20 SECTION 4. (a) This Act takes effect September 1, 2001.
5-21 (b) The change in law made by this Act to Section 408.042,
5-22 Labor Code, applies only to an injury that occurs on or after the
5-23 effective date of this Act. An injury that occurs before the
5-24 effective date of this Act is governed by the law in effect on the
5-25 date the injury occurred, and the former law is continued in effect
5-26 for that purpose.