Current through Reg. 49, No. 38; September 20, 2024
(a) Definitions. The following words and
terms, when used in this subchapter, will have the following meanings, unless
the context clearly indicates otherwise.
(1)
Claim Employer -- Employer with whom the claimant filed a claim for workers'
compensation benefits and for whom the injured employee (employee) was working
at the time of the on-the-job injury.
(2) Non-Claim Employers -- Employers other
than the claim employer by whom the employee was employed at the time of the
on-the-job injury.
(b)
For an injury which occurs on or after July 1, 2002, a claimant may file a
Multiple Employment Wage Statement for each employer the employee was working
for on the date of injury.
(c) If a
claimant who is permitted by subsection (b) of this section chooses to file a
Multiple Employment Wage Statement, it is the claimant's responsibility to
obtain the required wage information from the Non-Claim Employer(s), providing
any necessary corrections to the wage information, and filing the information
on the Multiple Employment Wage Statement with the insurance carrier and
commission. The carrier is not required to make an adjustment to AWW until the
employee provides a complete Multiple Employment Wage Statement as described in
subsections (d) and (e) of this section.
(d) The Multiple Employment Wage Statement
shall include:
(1) the employee's name,
address, and social security number;
(2) the date of the Non-Claim Employer's hire
of the employee;
(3) the date of
injury;
(4) the Non-Claim
Employer's name, address, and federal tax identification number;
(5) the name and phone number of a person at
the Non-Claim Employer who can be contacted to verify the wage information
(unless the wage information was not provided by a person at the Non-Claim
Employer - such as if the wage information came from the Texas Workforce
Commission or the employee's pay stubs);
(6) the wage information required by
subsection (e) of this section with documentation that supports the wage
information being reported; and
(7)
a certification that the wage information provided includes all wage
information required by subsection (e) of this section and that the information
is complete and accurate.
(e) The wage information required to be
provided in a Multiple Employment Wage Statement includes the employee's
Non-Claim Employer wages, as defined in §
128.1
of this title (relating to Average Weekly Wage: General Provisions), earned
during the 13 weeks immediately preceding the date of injury and the number of
hours the employee worked to earn the wages being reported. The wages are
limited to those reportable for federal income tax purposes.
(1) If the employee is paid by the Non-Claim
Employer:
(A) on a monthly or a semi-monthly
basis, the claimant may provide the wages earned in the three months
immediately preceding the injury;
(B) on a biweekly basis, the claimant may
provide the wages earned in the 14 weeks immediately preceding the
injury;
(C) on other than a
monthly, semi-monthly, or biweekly basis, the claimant shall provide the wages
earned in the 13 weeks immediately preceding the injury.
(2) If the employee was not employed for 13
continuous weeks before the date of injury:
(A) the claimant shall report the wages of a
similar employee performing similar services, as those terms are defined in
§
128.3
of this title (relating to Average Weekly Wage Calculation For Full-Time
Employees, and For Temporary Income Benefits For All Employees); or
(B) if the Non-Claim Employer does not have a
similar employee who has been employed for 13 continuous weeks prior to the
employee's date of injury (or the claimant is unable to obtain the wage
information on a similar employee), the claimant shall provide the wages earned
by the employee during the period the employee was employed.
(f) Employees who file
Multiple Employment Wage Statements are required to report all changes in
employment status and/or earnings at the Non-Claim Employer to the carrier
until the employee reaches Maximum Medical Improvement.
(1) The employee shall report all changes in
employment status at the Non-Claim Employer including termination or
resignation within 7 days of the date the change takes place.
(2) The employee shall report within 7 days
of the end of the pay period in which a change in earnings at the Non-Claim
Employer related to the compensable injury took place. This would include both
reductions and increases in wages as compared to the prior week as long as the
difference was caused by the compensable injury such as because the employee's
ability to work changed or the employer was more or less able to provide work
that met the employee's work restrictions.
