HBA-MSH H.B. 2612 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2612 By: Hochberg Business & Industry 3/18/2001 Introduced BACKGROUND AND PURPOSE Currently, if an employee with more than one job is injured on one of the jobs, the employee only receives workers' compensation for the job where the employee was injured. However, the injury may prevent the employee from working at another part-time job as well. House Bill 2612 changes the income benefits calculation for an injured worker with multiple employment to equal the average weekly wage the employee earned or would have earned from working multiple jobs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Workers' Compensation Commission in SECTION 1 (Section 408.042, Labor Code) of this bill. ANALYSIS House Bill 2612 amends the Labor Code relating to workers' compensation for persons with multiple employment. The bill provides that the average weekly wage for eligible employees for determining impairment income benefits, supplemental income benefits, lifetime income benefits, and death benefits is the average weekly wage that the employee has earned or would have earned in the 13 weeks immediately preceding the injury. If the Texas Workers' Compensation Commission (commission) determines that computing the average weekly wage in this manner is impractical or unreasonable, the bill requires the commission to set the average weekly wage in a manner that more fairly reflects the employee's average weekly wage and is fair and just as defined by rule by the commission to both parties or is in the manner agreed to by the parties. The bill provides that an insurance carrier is entitled to apply for and to receive reimbursement at least annually from the subsequent injury fund for the amount of income benefits paid to a worker that are based on nonsubscriber employment. The bill authorizes the commission to adopt rules to govern the documentation and application process, and provides that the subsequent injury fund is liable for reimbursement of these claims. The bill provides that the subsequent injury fund is liable for the reimbursement of insurance carrier claims of overpayment of benefits based on interlocutory orders of the commission. The bill requires the commission's actuary or financial advisor to report biannually to the Research and Oversight Council on Workers' Compensation on the financial condition and projected assets and liabilities of the subsequent injury fund and requires the commission to make these reports available to members of the legislature and the public. EFFECTIVE DATE September 1, 2001.