1. (a) Commission Determination. For each injured employee with an impairment rating of 15% or greater, and who has not commuted any impairment income benefits, the commission will make the determination of entitlement or non-entitlement for the first quarter of supplemental income benefits. This determination shall be made not later than the last day of the impairment income benefit period and the notice of determination shall be sent to the injured employee and the carrier by first class mail or personal delivery.

2. (b) Determination of Entitlement. If the commission determines that the injured employee is entitled to supplemental income benefits for the first quarter, the notice of determination shall include:

   1. (1) the beginning and end dates of the first quarter;
   2. (2) the amount of the monthly payments;
   3. (3) the amount of the wages used to calculate the monthly payment;
   4. (4) instructions for the parties of the procedures for contesting the commission's determination as provided by §130.108 of this title (relating to Contesting Entitlement or Amount of Supplemental Income Benefits; Attorney Fees); and
   5. (5) an Application for Supplemental Income Benefits, filing instructions, a filing schedule, and a description of the consequences of failing to timely file.

3. (c) Determination of non-entitlement. If the commission determines that the injured employee is not entitled to supplemental income benefits for the first quarter, the notice of determination shall include:

   1. (1) the grounds for this determination;
   2. (2) the beginning and end dates of the first quarter;
   3. (3) instructions for the parties of the procedures for contesting the commission's determination as provided by §130.108 of this title (relating to Contesting Entitlement or Amount of Supplemental Income Benefits; Attorney Fees); and
   4. (4) an Application for Supplemental Income Benefits, filing instructions, a filing schedule, and a description of the consequences of failing to timely file.

4. (d) Referral to the Texas Rehabilitation Commission. For each injured employee who may be eligible to receive supplemental income benefits, the Commission shall send the injured employee and the insurance carrier:

   1. (1) a notice of the need for vocational rehabilitation or training services;
   2. (2) a referral to the Texas Rehabilitation Commission for appropriate services; and
   3. (3) a warning to the injured employee that refusing such services, or refusing to cooperate with such services, will result in loss of entitlement to supplemental income benefits.

Source Note:The provisions of this §130.103 adopted to be effective January 31, 1999, 24 TexReg 399; amended to be effective November 28, 1999, 24 TexReg 10339.