The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Compensable quarter--A period of 13 weeks of entitlement to supplemental income benefits.
2. (2) Filing period--A period of at least 90 days during which the employee's actual and offered wages, if any, are reviewed to determine entitlement to, and amount of, supplemental income benefits.
3. (3) Impairment income benefits period--The number of weeks computed under the Act, Article 8308-4.26(c)(1), for which the injured employee is entitled to receive impairment income benefits, starting with the date the employee reached maximum medical improvement.
4. (4) Offered wages--The wages of a bona fide position of employment, as defined in §129.5 of this title (relating to Bona Fide Offers of Employment).

5. (5) Statement of employment status--A commission-prescribed form filed with the carrier containing the following information:

   1. (A) a statement, with supporting documentation, that the employee has earned less than 80% of the employee's average weekly wage as a direct result of the impairment from the compensable injury;
   2. (B) the amount of the employee's earned and offered wages during the filing period; and
   3. (C) a statement, with supporting information, that the employee has in good faith sought employment commensurate with the employee's ability to work.
6. (6) Supplemental income benefits period--Those weeks for which the injured employee is entitled, or may become entitled, to supplemental income benefits.
7. (7) Underemployment--Occurs when the injured employee's average weekly earnings during a filing period are less than 80% of the employee's average weekly wage as a direct result of the impairment from the compensable injury.

Source Note:The provisions of this §130.101 adopted to be effective April 17, 1992, 17 TexReg 2400.