Sec. 408.003. REIMBURSABLE EMPLOYER PAYMENTS; SALARY CONTINUATION; OFFSET AGAINST INCOME BENEFITS; LIMITS. (a) After an injury, an employer may:
(1) initiate benefit payments, including medical benefits; or
(2) on the written request or agreement of the employee, supplement income benefits paid by the insurance carrier by an amount that does not exceed the amount computed by subtracting the amount of the income benefit payments from the employee's net preinjury wages.
(b) If an injury is found to be compensable and an insurance carrier initiates compensation, the insurance carrier shall reimburse the employer for the amount of benefits paid by the employer to which the employee was entitled under this subtitle. Payments that are not reimbursed or reimbursable under this section may be reimbursed under Section 408.127.
(c) The employer shall notify the division and the insurance carrier on forms prescribed by the commissioner of the initiation of and amount of payments made under this section.
(d) Employer payments made under this section:
(1) may not be construed as an admission of compensability; and
(2) do not affect the payment of benefits from another source.
(e) If an employer does not notify the insurance carrier of the injury in compliance with Section 409.005, the employer waives the right to reimbursement under this section.
(f) Salary continuation payments made by an employer for an employee's disability resulting from a compensable injury shall be considered payment of income benefits for the purpose of determining the accrual date of any subsequent income benefits under this subtitle.
(g) If an employer is subject to a contractual obligation with an employee or group of employees, such as a collective bargaining agreement or a written agreement or policy, under which the employer is required to make salary continuation payments, the employer is not eligible for reimbursement under this section for those payments.
(h) Payments made as salary continuation or salary supplementation do not affect the exclusive remedy provisions of Section 408.001.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 954, Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1003, Sec. 1, 2, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.078, eff. September 1, 2005.
Notes of Decisions
Am. Cas. Co. of Read., Penn. v. Martin, 97 S.W.3d 679 (Tex. App. 2003).
· cites it 5× “e corporate employer in this case, urges three issues in its cross-appeal, attacking the following portion of the trial court’s judgment: The Court further considered the issue raised by [Martin] and Just Technical Associates relating to whether Just Technical Associates is…”
State v. New, 159 S.W.3d 232 (Tex. App. 2005).
“(d) PIE shall not include: (1) any non-pecuniary wages paid to the employee by the employer after the injury; (2) any accrued sick leave or accrued annual leave that the employee did not voluntarily elect to use; (3) any wages paid by the employer as salary supplementation as…”
State of Texas v. Alton G. New (Tex. App. 2005).
“(d) PIE shall not include: (1) any non-pecuniary wages paid to the employee by the employer after the injury; (2) any accrued sick leave or accrued annual leave that the employee did not voluntarily elect to use; (3) any wages paid by the employer as salary supplementation as…”
— Tex. Lab. Code § 408.003(a)(2) — 2 cases
State v. New, 159 S.W.3d 232 (Tex. App. 2005).
“(d) PIE shall not include: (1) any non-pecuniary wages paid to the employee by the employer after the injury; (2) any accrued sick leave or accrued annual leave that the employee did not voluntarily elect to use; (3) any wages paid by the employer as salary supplementation as…”
State of Texas v. Alton G. New (Tex. App. 2005).
“(d) PIE shall not include: (1) any non-pecuniary wages paid to the employee by the employer after the injury; (2) any accrued sick leave or accrued annual leave that the employee did not voluntarily elect to use; (3) any wages paid by the employer as salary supplementation as…”
— Tex. Lab. Code § 408.003(b) — 1 case
Am. Cas. Co. of Read., Penn. v. Martin, 97 S.W.3d 679 (Tex. App. 2003).
“e corporate employer in this case, urges three issues in its cross-appeal, attacking the following portion of the trial court’s judgment: The Court further considered the issue raised by [Martin] and Just Technical Associates relating to whether Just Technical Associates is…”
— Tex. Lab. Code § 408.003(e) — 1 case
Am. Cas. Co. of Read., Penn. v. Martin, 97 S.W.3d 679 (Tex. App. 2003).
“e corporate employer in this case, urges three issues in its cross-appeal, attacking the following portion of the trial court’s judgment: The Court further considered the issue raised by [Martin] and Just Technical Associates relating to whether Just Technical Associates is…”
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