For purposes of calculating temporary income benefits, the following definitions and procedures apply.

1. (1) Weekly earnings after the injury means the weekly amount of all pecuniary and nonpecuniary remuneration paid or provided to the employee as wages, as that term is defined in the Texas Worker's Compensation Act (Act), §1.03(47), beginning on the day after the injury and continuing throughout the temporary income benefit period. Weekly earnings after the injury excludes the fair market value of nonpecuniary wages throughout the period that an employer continues to provide them after an injury, whether or not the employee is working.
2. (2) An employee earns less than $8.50 per hour if the hourly wages (as defined in §128.1(b) and (c)(1) of this title (relating to Calculation of Average Weekly Wage)) paid on the date of injury are $8.49 per hour or less. The insurance carrier shall follow §128.2(a) of this title (relating to Carrier Presumption of Employee's Wage; Wage Statement Required) for purposes of prompt payment of benefits.
3. (3) In order to obtain wage information from the Texas Employment Commission (TEC) pursuant to the Act, §4.23(d), the insurance carrier may request, and the employee shall sign, a waiver provided by the carrier for the carrier to obtain evidence of actual earnings for the prior year.

Source Note:The provisions of this §129.1 adopted to be effective January 11, 1991, 16 TexReg 123.