GQ Corner

GQ CornerQ. How many attempts to find work have to be done weekly for a Bexar County resident and where do I find this information?

A. It changes all the time, but it is located on the Texas Workforce Commission’s website. Note that on November 1, 2020, the TWC reinstated work search requirements and set the maximum number of work search activities claimants will be required to complete each week at 3. However, it gave each local workforce area the ability to lower the required number based on the COVID-19 case numbers and hospitalizations in their area. Bexar County has been at 3 since 11/5/20 (and perhaps since 11/1/20). Note, too, that the DWC continues to pretend that the Governor suspended these for SIBs applicants across the state.

Q. I received the wage statement from the insured. Claimant has a second job and I am unable to get his second employer (hospital) to complete the wage statement. Claimant has sent me his paycheck stubs from his second job. Do I have to use his pay check stubs or is it mandatory that the hospital complete the required wage statement form? Will we be able to make a request from the SIF if we use his check stubs?

A. The paystubs along with a basic affidavit from the claimant should be enough to use to increase the AWW and procure SIF reimbursement. However, the SIF has become increasingly stringent on their rules. As a result, I cannot guarantee that using the paystubs plus affidavit will generate the reimbursement. You can always push the issue to a Contested Case Hearing on the AWW issue. It is the claimant’s burden to produce the DWC3-ME.