Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 408. WORKERS' COMPENSATION BENEFITS
Texas Codes

Tex. Lab. Code § 408.1415 (2026)

Work Search Compliance Standards

✓ current as of May 2026
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Sec. 408.1415. WORK SEARCH COMPLIANCE STANDARDS. (a) The commissioner by rule shall adopt compliance standards for supplemental income benefit recipients that require each recipient to demonstrate an active effort to obtain employment. To be eligible to receive supplemental income benefits under this chapter, a recipient must provide evidence satisfactory to the division of:

(1) active participation in a vocational rehabilitation program conducted by the Department of Assistive and Rehabilitative Services or a private vocational rehabilitation provider;

(2) active participation in work search efforts conducted through the Texas Workforce Commission; or

(3) active work search efforts documented by job applications submitted by the recipient.

(b) In adopting rules under this section, the commissioner shall:

(1) establish the level of activity that a recipient should have with the Texas Workforce Commission and the Department of Assistive and Rehabilitative Services;

(2) define the number of job applications required to be submitted by a recipient to satisfy the work search requirements; and

(3) consider factors affecting the availability of employment, including recognition of access to employment in rural areas, economic conditions, and other appropriate employment availability factors.

(c) The commissioner may consult with the Texas Workforce Commission, the Department of Assistive and Rehabilitative Services, and other appropriate entities in adopting rules under this section.

Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.119, eff. September 1, 2005.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2013–2023 · leading case: Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013).
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Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013). “Tex. Lab.Code § 408.1415(a). The Act expressly allows carriers to “request a benefit review conference to contest an employee’s entitlement to supplemental income benefits or the amount of supplemental income benefits.”
Texas Dep't of Ins., Div. of Workers' Comp.// Accident Fund Ins. Co. of Am. & Texas Cotton Ginners' Trust v. Accident Fund Ins. Co. of Am. & Texas Cotton Ginners' Trust// Cross-Appellee, Texas Dep't of Ins., Div. of Workers' Comp. (Tex. App. 2023). · cites it 13× “Tex. Lab. Code §408.1415. In 2009 the Division amended the Rule, adding the new work-search-efforts standard to the SIB-eligibility rules: (d) Work Search Requirements.”
Andrew Patterson v. Transcontinental Ins. Co. (Tex. App. 2016). “See TEX. LAB. CODE ANN. §§ 408.1415, –.142 (West 2015).”
the Casaubon Firm & Maria F. Lopez v. Texas Mut. Ins. Co. (Tex. App. 2021). “TEX.LAB.CODE ANN. § 408.1415(a). Under those rules, an injured employee must meet the statutory eligibility requirements and “complete[] and file[] an Application for Supplemental Income Benefits in accordance with this subchapter[.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). “TEX. LAB.CODE § 408.1415(a). The Act expressly allows carriers to “request a benefit review conference to contest an employee's entitlement to supplemental income benefits or the amount of supplemental income benefits.”
Tex. Lab. Code § 408.1415(a): 3 cases
Liberty Mut. Ins. Co. v. Ricky Adcock, 412 S.W.3d 492 (Tex. 2013). “Tex. Lab.Code § 408.1415(a). The Act expressly allows carriers to “request a benefit review conference to contest an employee’s entitlement to supplemental income benefits or the amount of supplemental income benefits.”
the Casaubon Firm & Maria F. Lopez v. Texas Mut. Ins. Co. (Tex. App. 2021). “TEX.LAB.CODE ANN. § 408.1415(a). Under those rules, an injured employee must meet the statutory eligibility requirements and “complete[] and file[] an Application for Supplemental Income Benefits in accordance with this subchapter[.”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). “TEX. LAB.CODE § 408.1415(a). The Act expressly allows carriers to “request a benefit review conference to contest an employee's entitlement to supplemental income benefits or the amount of supplemental income benefits.”
Tex. Lab. Code § 408.1415(a)(3): 1 case
Texas Dep't of Ins., Div. of Workers' Comp.// Accident Fund Ins. Co. of Am. & Texas Cotton Ginners' Trust v. Accident Fund Ins. Co. of Am. & Texas Cotton Ginners' Trust// Cross-Appellee, Texas Dep't of Ins., Div. of Workers' Comp. (Tex. App. 2023). “Tex. Lab. Code §408.1415. In 2009 the Division amended the Rule, adding the new work-search-efforts standard to the SIB-eligibility rules: (d) Work Search Requirements.”
Tex. Lab. Code § 408.1415(c): 1 case
Texas Dep't of Ins., Div. of Workers' Comp.// Accident Fund Ins. Co. of Am. & Texas Cotton Ginners' Trust v. Accident Fund Ins. Co. of Am. & Texas Cotton Ginners' Trust// Cross-Appellee, Texas Dep't of Ins., Div. of Workers' Comp. (Tex. App. 2023). “Tex. Lab. Code §408.1415. In 2009 the Division amended the Rule, adding the new work-search-efforts standard to the SIB-eligibility rules: (d) Work Search Requirements.”
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