2003S0059-1 01/13/03
By: Christian H.B. No. 2057
A BILL TO BE ENTITLED
AN ACT
relating to workers' compensation benefits for employees with
multiple employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. OR EMPLOYEE WITH MULTIPLE EMPLOYMENT]. (a) The average weekly
wage of a part-time employee who limits the employee's work to less
than full-time hours or a full-time workweek as a regular course of
that employee's conduct is computed as provided by Section 408.041.
(b) For part-time employees not covered by Subsection (a),
the average weekly wage:
(1) for determining temporary income benefits is
computed as provided by Section 408.041; and
(2) for determining impairment income benefits,
supplemental income benefits, lifetime income benefits, and death
benefits is computed as follows:
(A) if the employee has worked for the employer
for at least the 13 weeks immediately preceding the date of the
injury, the average weekly wage is computed by dividing the sum of
the wages paid in the 13 consecutive weeks immediately preceding
the date of the injury by 13 and adjusting that amount to the weekly
wage level the employee would have attained by working a full-time
workweek at the same rate of pay; or
(B) if the employee has worked for the employer
for less than 13 weeks immediately preceding the date of the injury,
the average weekly wage is equal to:
(i) the weekly wage that the employer pays a
similar employee for similar services in [based on a] full-time
employment [workweek]; or
(ii) if a similar employee does not exist,
the usual wage paid in that vicinity for the same or similar
services in [based on a] full-time employment [workweek].
(c) [For employees with multiple employment, the average
weekly wage for determining temporary income benefits, impairment
income benefits, supplemental income benefits, lifetime income
benefits, and death benefits, is computed as follows:
[(1) the average weekly wage for an employee with
multiple employment is equal to the sum of the average weekly wages
computed under Subdivisions (2) and (3);
[(2) for each of the employers for whom the employee
has worked for at least the 13 weeks immediately preceding the date
of injury, the average weekly wage is equal to the sum of the wages
paid by that employer to the employee in the 13 weeks immediately
preceding the injury divided by 13;
[(3) for each of the employers for whom the employee
has worked for less than the 13 weeks immediately preceding the date
of the injury, the average weekly wage is equal to:
[(A) the weekly wage that employer pays similar
employees for similar services; or
[(B) if a similar employee does not exist, the
usual weekly wage paid in that vicinity for the same or similar
services; and
[(4) the average weekly wage of an employee with
multiple employment who limits the employee's work to less than a
full-time workweek, but does not do so as a regular course of that
employee's conduct, is adjusted to the weekly wage level the
employee would have attained by working a full-time workweek at the
employee's average rate of pay.
[(d) The commission shall:
[(1) prescribe a form to collect information regarding
the wages of employees with multiple employment; and
[(2) by rule, determine the manner by which the
commission collects and distributes wage information to implement
this section.
[(e) For an employee with multiple employment, only the
employee's wages that are reportable for federal income tax
purposes may be considered. The employee shall document and verify
wage payments subject to this section.
[(f) If the commission determines that computing the
average weekly wage for an employee as provided by Subsection (c) is
impractical or unreasonable, the commission shall set the average
weekly wage in a manner that more fairly reflects the employee's
average weekly wage and that is fair and just to both parties or is
in the manner agreed to by the parties. The commission by rule may
define methods to determine a fair and just average weekly wage
consistent with this section.
[(g) An insurance carrier is entitled to apply for and
receive reimbursement at least annually from the subsequent injury
fund for the amount of income benefits paid to a worker under this
section that are based on employment other than the employment
during which the compensable injury occurred. The commission may
adopt rules that govern the documentation, application process, and
other administrative requirements necessary to implement this
subsection.
[(h)] In this section "part-time [:
[(1) "Employee with multiple employment" means an
employee who has more than one employer.
[(2) "Full-time workweek" means a 40-hour workweek.
[(3) "Part-time] employee" means an employee who, at
the time of the injury, was working less than the [a] full-time
hours or full-time workweek of similar employees in the same
employment, whether for the same or a different employer [for whom
the employee was working when the compensable injury occurred].
SECTION 2. This Act takes effect September 1, 2003.