Sec. 408.082. ACCRUAL OF RIGHT TO INCOME BENEFITS. (a) Income benefits may not be paid under this subtitle for an injury that does not result in disability for at least one week.
(b) If the disability continues for longer than one week, weekly income benefits begin to accrue on the eighth day after the date of the injury. If the disability does not begin at once after the injury occurs or within eight days of the occurrence but does result subsequently, weekly income benefits accrue on the eighth day after the date on which the disability began.
(c) If the disability continues for two weeks or longer after the date it begins, compensation shall be computed from the date the disability begins.
(d) This section does not preclude the recovery of medical benefits as provided by Subchapter B.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.105, eff. September 1, 2005.
Notes of Decisions
Mid-Century Ins. Co. v. Texas Workers' Comp. Comm'n, 187 S.W.3d 754 (Tex. App. 2006).
· cites it 3× “101 (employee entitled to temporary income benefits *759 beginning on eighth day of disability and continuing until employee reaches maximum medical improvement), .121 (employee entitled to impairment income benefits from day after date employee reaches maximum medical…”
Texas Gen. Indem. Co. v. Eisler, 981 S.W.2d 744 (Tex. App. 1998).
· cites it 4× “In the sole issue presented, TGI complains that Eisler was not eligible for impairment income benefits because he had not been disabled for at least seven days as required by Tex.Lab.CodeAnn. § 408.082 (Vernon 1996) and that TWCC had exceeded its rulemaking authority by enacting…”
Mid-Century Ins. Co. v. Texas Workers' Comp. Comm'n (Tex. App. 2006).
· cites it 2× “121 (employee entitled to impairment income benefits from day after date employee reaches maximum medical improvement until earlier of employee’s death or expiration of period based on percentage of impairment), .”
Mid-Century Ins. Co. v. Texas Workers' Comp. Comm'n (Tex. App. 2006).
· cites it 2× “121 (employee entitled to impairment income benefits from day after date employee reaches maximum medical improvement until earlier of employee's death or expiration of period based on percentage of impairment), .”
— Tex. Lab. Code § 408.082(a) — 2 cases
Texas Gen. Indem. Co. v. Eisler, 981 S.W.2d 744 (Tex. App. 1998).
“In the sole issue presented, TGI complains that Eisler was not eligible for impairment income benefits because he had not been disabled for at least seven days as required by Tex.Lab.CodeAnn. § 408.082 (Vernon 1996) and that TWCC had exceeded its rulemaking authority by enacting…”
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