GQ Corner

Q. I have an injured employee who is alleging lost wages from a second employer. When do I need to adjust his AWW for these wages, and does he need to send me any proof?

A.The claimant will need to provide you with a completed DWC-3ME before you have an obligation to adjust the claimant’s benefits.  If you get the DWC-3ME and it is correctly and completely filled out, adjust the claimant’s benefits and keep track of the additional payments because you can seek reimbursement from the SIF for the additional benefits you pay as a result of a multiple employer situation.

Q. I have an injured employee who has never missed a full day from work as a result of the compensable injury, but he has missed several partial days. How do I treat partial days worked versus full days worked? Are they different? If so, how do I calculate TIBs based upon partial days of lost time?

A.When an employee misses a partial day and loses wages for that day, it is counted as one whole day for purposes of calculating the waiting period (the first seven days of disability). After compensable lost time starts, compare the earnings for the entire week to the pre-injury AWW to determine if benefits are owed. See also, Rule 124.7 for the definition of “day of disability,” and APDs 961441 and  961022. Texas Labor Code Section 408.082 discusses accrual date also. 
 
So, if the claimant is on light duty, making less than the preinjury AWW, each day of that constitutes a day of disability. You count those days up and TIBs accrue on the 8th day. You do not pay before there are eight days of disability. Then you must pay no later than the seventh day after the accrual date. Rule 124.7(c).