The following words and terms shall have the following meanings only for the purposes of the return-to-work pilot program for small employers:

1. (1) Alternative duty--Job duties that are different from the injured employee's normal or regular pre-injury job duties and that are assigned specifically to facilitate the injured employee's doctor-identified work restrictions or limitations.

2. (2) Eligible employer--Any employer that:

   1. (A) is not a state agency or political subdivision of the state;
   2. (B) employs at least two but not more than 50 employees on each business day during the preceding calendar year; and
   3. (C) has workers' compensation insurance coverage in Texas.
3. (3) Eligible expense--An expenditure of funds or costs incurred by an eligible employer on or after January 1, 2006 for workplace modifications or other costs that are necessary to reasonably facilitate an injured employee's doctor-identified restrictions that are intended to facilitate the early and sustained return to work of an employee who has a compensable injury. An indemnity benefit, medical benefit, or health care for which an insurance carrier is liable is not an eligible expense.
4. (4) Modified duty--The injured employee's normal or regular pre-injury job with workplace modifications or changes to facilitate doctor-identified work restrictions or limitations.
5. (5) Return-to-work account (account)--The Texas Department of Insurance, Division of Workers' Compensation's return-to-work account for small employers.
6. (6) Return-to-work account administrator (administrator)--The administrator of the Texas Department of Insurance, Division of Workers' Compensation's return-to-work account and the return-to-work pilot program for small employers.
7. (7) Single employer--An employer operating one or more businesses under the same federal employer identification number. In the absence of a federal employer identification number, a single employer is established by the employer's social security number.
8. (8) State appropriation year--The State of Texas' fiscal accounting year that begins September 1 and ends August 31 of the following year.
9. (9) Workplace modification--Physical adjustments or adaptations to the worksite; or equipment, devices, furniture, or tools that are necessary to reasonably facilitate an injured employee's doctor-identified restrictions to return the employee to modified or alternative duty.

Source Note:The provisions of this §137.42 adopted to be effective February 22, 2006, 31 TexReg 1037.