Texas Workers' Compensation

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§ 126.1. Definitions Applicable to All Benefits

The following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) Employer Initiation of Benefits–Money paid by an employer to the employee to compensate the employee for lost wages or paid by the employer for medical expenses during a period in which the carrier has either:

(A) contested compensability of the injury;

(B) contested liability for the injury; or

(C) has not completed its initial investigation of the injury which is limited to seven days after the carrier receives first written notice of the injury as defined in § 124.1 of this title (relating to Notice of Injury).

(2) Nonpecuniary Wages–Wages paid to an employee in a form other than money. Examples of nonpecuniary wages include but are not limited to:

(A) Health insurance premiums;

(B) Laundry/cleaning;

(C) Clothing/uniforms;

(D) Lodging/housing/rent;

(E) Payment of professional license fees;

(F) Food/Meals; and

(G) Provision of a vehicle/fuel.

(3) Pecuniary Wages–Wages paid to an employee in the form of money. Examples of pecuniary wages include, but are not limited to:

(A) Hourly, weekly, biweekly, monthly (etc.) wages;

(B) Salary;

(C) Piecework compensation;

(D) Any monetary allowance such as for health insurance premiums, vehicle/fuel, food/meals, clothing/uniforms, laundry/cleaning, or lodging/housing/rent;

(E) Monetary bonuses earned or accrued by the employee; and

(F) Commissions.

(4) Unrecoupable overpayment–The amount of benefits paid by the carrier to the claimant which were not owed and which were not recoverable or convertible from other income benefits.

The provisions of this § 126.1 adopted to be effective December 26, 1999, 24 TexReg 11399.

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At a Glance:

Title:

§ 126.1. Definitions Applicable to All Benefits

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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