1. (a) In determining whether an offer of employment is bona fide, the commission shall consider the following:

   1. (1) the expected duration of the offered position;
   2. (2) the length of time the offer was kept open;
   3. (3) the manner in which the offer was communicated to the employee;
   4. (4) the physical requirements and accommodations of the position compared to the employee's physical capabilities; and
   5. (5) the distance of the position from the employee's residence.
2. (b) A written offer of employment which was delivered to the employee during the period for which benefits are payable shall be presumed to be a bona fide offer, if the offer clearly states the position offered, the duties of the position, that the employer is aware of and will abide by the physical limitations under which the employee or his treating physician have authorized the employee to return to work, the maximum physical requirements of the job, the wage, and the location of employment. If the offer of employment was not made in writing, the insurance carrier shall be required to provide clear and convincing evidence that a bona fide offer was made.
3. (c) Employment is geographically accessible to the injured employee if it is within a reasonable distance from the employee's residence unless the employee establishes through medical evidence that the employee's physical condition precludes travel of that distance.

Source Note:The provisions of this §129.5 adopted to be effective February 1, 1991, 16 TexReg 316.