Sec. 408.143. EMPLOYEE STATEMENT. (a) After the commissioner's initial determination of supplemental income benefits, the employee must file a statement with the insurance carrier stating:
(1) that the employee has earned less than 80 percent of the employee's average weekly wage as a direct result of the employee's impairment;
(2) the amount of wages the employee earned in the filing period provided by Subsection (b); and
(3) that the employee has complied with the requirements adopted under Section 408.1415.
(b) The statement required under this section must be filed quarterly on a form and in the manner provided by the commissioner. The commissioner may modify the filing period as appropriate to an individual case.
(c) Failure to file a statement under this section relieves the insurance carrier of liability for supplemental income benefits for the period during which a statement is not filed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.120, eff. September 1, 2005.
Notes of Decisions
Liberty Mut. Ins. Co. v. Montana, 49 S.W.3d 599 (Tex. App. 2001).
“See Tex. Lab.Code Ann. § 408.143 (Vernon 1996) (stating that employee's failure to file statement on quarterly basis relieves insurance carrier of liability for SIBs during that quarter); 28 Tex.”
Hector Escalante v. State Off. of Risk Mgmt., 355 S.W.3d 341 (Tex. App. 2011).
“” See TexLab. Code Ann. § 408.143 (West 2006). The quarters at issue, and their corresponding qualifying periods, are as follows: Quarter 10: June 7, 2005 through September 5, 2005 (Qualifying Period February 23, 2005 through May 24, 2005) Quarter 11: September 6, 2005 through…”
Liberty Mut. Ins. Co. v. Adcock, 353 S.W.3d 246 (Tex. App. 2011).
“Further, under the present TWCA, the legislature has provided for quarterly review of eligibility for Supplemental Income Benefits (SIBs), Tex. Lab.Code Ann. § 408.143(b) (West 2006).”
— Tex. Lab. Code § 408.143(b) — 1 case
Liberty Mut. Ins. Co. v. Adcock, 353 S.W.3d 246 (Tex. App. 2011).
“Further, under the present TWCA, the legislature has provided for quarterly review of eligibility for Supplemental Income Benefits (SIBs), Tex. Lab.Code Ann. § 408.143(b) (West 2006).”
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