1. (a) Determination of entitlement and calculation of amount.

   1. (1) The commission will make the initial determination and calculation, as provided by §130.103 of this title (relating to Initial Entitlement to Supplemental Income Benefits).
   2. (2) The carrier will make subsequent determinations and calculations, as provided by §130.104 and §130.105 of this title (relating to Continuing Entitlement to Supplemental Income Benefits and Reinstated or Delayed Entitlement to Supplemental Income Benefits).
2. (b) Entitlement. Entitlement to supplemental income benefits is determined prospectively for each potentially compensable quarter, based on criteria met by the injured employee during the prior filing period. Once determined, entitlement continues for the duration of the compensable quarter.
3. (c) Amount. After entitlement is determined, the amount of the supplemental income benefits payment is calculated, based on the employee's actual wages, and offered wages as defined in §130.101 of this title (relating to Definitions), during the prior filing period. Since the Act requires supplemental income benefits to be paid monthly, the amount is calculated as a monthly payment. Once calculated, the monthly payment remains constant for each month of the compensable quarter.

4. (d) Calculation. The monthly supplemental income benefit payment is calculated as follows:

   1. (1) add the claimant's actual and offered wages for each week of the filing period;
   2. (2) divide the total by the number of weeks in the filing period;
   3. (3) subtract the quotient from 80% of the claimant's average weekly wage;
   4. (4) multiply the remainder by .80, not to exceed the maximum weekly income benefit under the Act, Article 8308-4.11; and
   5. (5) multiply the product by 4.34821.
5. (e) Contesting a determination or calculation. Either party may contest a determination of entitlement or calculation of amount, as provided by §130.108 of this title (relating to Contesting Entitlement or Amount of Supplemental Income Benefits; Attorney Fees).

Source Note:The provisions of this §130.102 adopted to be effective April 17, 1992, 17 TexReg 2400.