28 Tex. Admin. Code § 128.5 - Average Weekly Wage Calculation for Seasonal Employees
(a) A seasonal employee is an employee who as
a regular course of conduct engages in seasonal or cyclical employment which
may or may not be agricultural in nature, that does not continue throughout the
year.
(b) The average weekly wage
used to determine temporary income benefits for seasonal employees shall be
determined according to the procedure described in §
128.3(d) or (e)
of this title (relating to Average Weekly Wage Calculation for Full-Time
Employees, and for Temporary Income Benefits for All Employees), subject to the
periodic adjustment described in this rule.
(c) The average weekly wage for computing
temporary income benefits may be increased or decreased to more accurately
reflect the seasonal nature of the employment, if such an adjustment would more
accurately reflect the wages the employee could reasonably have expected to
earn during the period that temporary income benefits are paid. Evidence of
earnings shall be submitted at the time an adjustment is requested. The
evidence should include proof of the employee's earnings in corresponding time
periods of previous years. In case of a dispute, the commission shall set a
benefit review conference to consider whether an adjustment should be
made.
(d) The average weekly wage
used to determine impairment income benefits, lifetime income benefits,
supplemental income benefits, or death benefits for a seasonal employee shall
be calculated by:
(1) adding together the
total wages received by the employee in the 12 months preceding the date of
injury and dividing the result by 50; or
(2) if it is impractical to compute the
average weekly wage as provided by paragraph (1) of this subsection, another
fair, just, and reasonable method as determined in a benefit review conference
if requested by the person claiming income benefits or the insurance
carrier.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.