1. (a) The basic average weekly wage calculation for an injured employee shall be made depending on whether the employee was employed in one of three courses of employment: full-time (see §128.3 of this title (relating to Average Weekly Wage Calculation for Full-Time Employees, and for Temporary Income Benefits for all Employees)), part-time (see §128.4 of this title (relating to Average Weekly Wage Calculation for Part-Time Employees)), and seasonal (see §128.5 of this title (relating to Average Weekly Wage Calculation for Seasonal Employees)). Certain additional adjustments to the average weekly wage may be made in specific circumstances for seasonal employees (see §128.5 of this title (relating to Average Weekly Wage Calculation for Seasonal Employees)), and for employees who are also minors, apprentices, trainees, or students on the date of injury (see §128.6 of this title (relating to Average Weekly Wage Adjustment for Certain Employees Who Are Also Minors, Apprentices, Trainees, or Students)).

2. (b) An employee's wage, for the purpose of calculating the average weekly wage shall include every form of remuneration paid for the period of computation of average weekly wage to the employee for personal services. An employee's wage includes, but is not limited to:

   1. (1) amounts paid to the employee by the employer for time off such as holidays, vacation, and sick leave;
   2. (2) the market value of any other advantage provided by an employer as remuneration for the employee's services that the employer does not continue to provide, including, but not limited to, meals, lodging, clothing, laundry, and fuel;
   3. (3) health care premiums paid by the employer.

3. (c) An employee's wage, for the purpose of calculating the average weekly wage, shall not include:

   1. (1) payments made by an employer to reimburse the employee for the use of the employee's equipment or for paying helpers; or
   2. (2) the market value of any nonpecuniary advantage that the employer continues to provide after the date of injury.

Source Note:The provisions of this §128.1 adopted to be effective January 11, 1991, 16 TexReg 118.