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

1. (1) Application for Supplemental Income Benefits - The Commission form TWCC-52 containing the following information:

   1. (A) a statement, with supporting payroll 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 wages during the qualifying period;
   3. (C) a statement, with supporting information such as that outlined in §130.102(e) of this title (relating to Eligibility for Supplemental Income Benefits; Amount), that the employee has in good faith sought employment commensurate with the employee's ability to work; and
   4. (D) for self-employed individuals, copies of all supporting documentation such as, business plans, contacts, sales tax registration, and any other pertinent documentation to document all efforts to establish or maintain a self-employed enterprise during the qualifying period.
2. (2) First Quarter - The 13 weeks beginning on the day after the last day of the impairment income benefits period.
3. (3) Impairment income benefits period - The number of weeks computed under the Act, Texas Labor Code, §408.121 for which the injured employee is entitled to receive impairment income benefits, starting with the day after the date the employee reached maximum medical improvement.
4. (4) Qualifying period - A period of time for which the employee's activities and wages are reviewed to determine eligibility for supplemental income benefits. The qualifying period ends on the fourteenth day before the beginning date of the quarter and consists of the 13 previous consecutive weeks.
5. (5) Reviewing authority- The person who reviews the Application for Supplemental Income Benefits and other information to make the determination of entitlement or non-entitlement to supplemental income benefits including Commission staff for the first quarter determination and the insurance adjuster for subsequent quarter determinations.
6. (6) Subsequent Quarter - A 13 week period beginning on the day after the last day of a previous quarter. The term subsequent quarter applies to all quarters after the first quarter.
7. (7) Vocational assistance - Services to assist the injured employee in the identification of physical abilities, vocational abilities, and other activities to enhance the potential to return to work.
8. (8) Wages - All forms of remuneration payable for personal services rendered during the qualifying period as defined in Texas Labor Code ,§401.011(43), including the wages of a bona fide offer of employment which was not accepted.

Source Note:The provisions of this §130.101 adopted to be effective January 31, 1999, 24 TexReg 399.