Texas Labor Code
§ 408.103 — AMOUNT OF TEMPORARY INCOME BENEFITS
LA § 408.103Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 408. WORKERS' COMPENSATION BENEFITS · Art. F. TEMPORARY INCOME BENEFITS
Statute text
View on source(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
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Legislative history
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.