1. (a) An employee who earns less than $8.50 per hour shall have temporary income benefits for the first 26 weeks of entitlement computed as follows:

   1. (1) calculate the injured employee's benefits at 70% of the difference between the employee's average weekly wage and the employee's weekly earnings after the injury, and set aside the result;
   2. (2) then, calculate benefits for the injured employee at 75% of the difference between the employee's average weekly wage and the employee's weekly earnings after the injury;
   3. (3) next, calculate the employee's actual average weekly earnings for the previous year, under the method described in the Texas Workers' Compensation Act (Act), §4.23(d);
   4. (4) compare the results of paragraphs (2) and (3) of this subsection, and select the lower number;
   5. (5) next, compare the number selected in paragraph (4) of this subsection with the result of paragraph (1) of this subsection, and select the higher number; and
   6. (6) finally, compare the number found in paragraph (5) of this subsection with the minimum weekly benefit, in effect on the date of injury, under the Act, §4.12. The higher number is the weekly temporary income benefit for the injured employee, not to exceed the maximum weekly benefit in effect on the date of the injury under the Act, §4.11.
2. (b) After the 26th week of eligibility until the end of the temporary income benefit period, benefits for the injured employee shall be paid at the rate of 70% of the difference between the average weekly wage and the employee's weekly earnings after the injury.
3. (c) In order to obtain wage information from 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 §129.2 adopted to be effective January 11, 1991, 16 TexReg 123.