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Thread: Am I Done

  1. #1
    Join Date
    Sep 2011
    Posts
    34

    Default Am I Done

    I have started receiving IR payments and i have 2 questions 1. i finally found employment making a dollar less an hour than i was due to i could not go back to my previous job,so do i receive lost wages for that,and 2. My IR rating was 18% upper body 11%whole body so i thought that meant 33 weeks of pay but check says open what does that mean? I am in Texas

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Am I Done

    Doesn't matter what the check says.... "open" is something internal to the carrier issuing the benefits.
    Sec. 408.086. DIVISION DETERMINATION OF EXTENDED UNEMPLOYMENT OR UNDEREMPLOYMENT. (a) During the period that impairment income benefits or supplemental income benefits are being paid to an employee, the commissioner shall determine at least annually whether any extended unemployment or underemployment is a direct result of the employee's impairment.(b) To make this determination, the commissioner may require periodic reports from the employee and the insurance carrier and, at the insurance carrier's expense, may require physical or other examinations, vocational assessments, or other tests or diagnoses necessary to perform the commissioner's duty under this section and Subchapter H.
    11%whole body so i thought that meant 33 weeks of pay ... That's correct.
    Sec. 408.121. IMPAIRMENT INCOME BENEFITS. (a) An employee's entitlement to impairment income benefits begins on the day after the date the employee reaches maximum medical improvement and ends on the earlier of1) the date of expiration of a period computed at the rate of three weeks for each percentage point of impairment;
    SIB's are provided for as defined here
    Sec. 408.142. SUPPLEMENTAL INCOME BENEFITS. (a) An employee is entitled to supplemental income benefits if on the expiration of the impairment income benefit period computed under Section 408.121
    (a)(1) the employee:
    (1) has an impairment rating of 15 percent or more as determined by this subtitle from the compensable injury;
    (2) has not returned to work or has returned to work earning less than 80 percent of the employee's average weekly wage as a direct result of the employee's impairment;(3) has not elected to commute a portion of the impairment income benefit under Section 408.128; and
    (4) has complied with the requirements adopted under Section 408.1415.(b) If an employee is not entitled to supplemental income benefits at the time of payment of the final impairment income benefit because the employee is earning at least 80 percent of the employee's average weekly wage, the employee may become entitled to supplemental income benefits at any time within one year after the date the impairment income benefit period ends if:
    (1) the employee earns wages for at least 90 days that are less than 80 percent of the employee's average weekly wage;
    (2) the employee meets the requirements of Subsections (a)(1), (3), and (4); and(3) the decrease in earnings is a direct result of the employee's impairment from the compensable injury.
    i finally found employment making a dollar less an hour than i was due to i could not go back to my previous job,so do i receive lost wages for that
    You'll have to calculate the wage loss...must be less than 80% of your pre injury AWW, and directly due to the injury/impairment.

    You can find more info in the statutes here http://www.statutes.legis.state.tx.u...ighlightType=1

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