GQ Corner
Q. I received a wage statement that only has 4 consecutive weeks of wages prior to the DOI (10/30/19). The employer indicates that the claimant is a Machinist and that he will periodically work and then leave and work for other companies then come back. His actual hire date is 10/10/18.
In this case would I just calculate his comp rate based on the 4 weeks of wages that was provided to me on the wage statement? The employer indicates there are no s/s employees.
A. Under these circumstances, where the claimant was employed for more than 13 weeks leading up to the date of injury but did not work all 13 weeks, I think you are correct that you may calculate the AWW based on the four weeks of pre-injury wages. You would basically just take the total gross wages from those four weeks and divide by 13. However, pursuant to § 408.042(c) and Rule 128.1(h), the claimant is entitled to include his wages from those other employers with whom he worked during the 13 weeks immediately preceding his date of injury if those wages were reportable for Federal income tax purposes.
Q. I have a file were the doctor finally address MMI and IR but it is for FL. What do I do? Do I acknowledge it and close as it is not a TX doctor or do I send someplace else to get it converted to a TX rating?
A. This is a Texas claim you are referring to, correct? Texas law provides for out-of-state examinations (as when a claimant resides out of state) and simply requires that the exam performed by a licensed/qualified doctor with credentials to evaluate MMI/IR. It would be a valid certification if you have a DWC-69 and narrative report rendering a certification of MMI/IR pursuant to the AMA Guides, Fourth Edition from such a doctor.
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