HBA-CCH H.B. 2613 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2613
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 job as well.  House Bill 2613 allows an injured
worker with multiple employment to receive workers' compensation benefits
in an amount that reflects the employee's average weekly wage. 

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 2613 amends the Labor Code to set forth provisions regarding
workers' compensation for injured employees with multiple employment who
are eligible for temporary, impairment, supplemental, lifetime, or death
benefits.  The bill provides that for each of the employers for whom an
injured employee has worked for at least 13 weeks immediately preceding the
date of an injury, the average weekly income wage is equal to the sum of
the employee's wages divided by 13.  For an employee who has worked less
than 13 weeks immediately preceding the date of the injury, the average
weekly wage is equal to the weekly wage that the employer pays similar
employees for similar services, or if a similar employee does not exist,
the usual weekly wage paid in that vicinity for the same or similar
services.  The average weekly wage of an employee with multiple employment
who works less than a full-time work week, but does not do so on a regular
basis, is adjusted to the weekly wage level that the employee would have
attained by working a full-time work week at the employee's average rate of
pay.  The bill provides that for an employee with multiple employment, only
the employee's wages that are reportable for federal income tax purposes
may be considered.   

If the Texas Workers' Compensation Commission (commission) determines that
computing the average weekly wage for an employee is impractical or
unreasonable, the commission is required to set the average weekly wage in
a manner that more fairly reflects the employee's average weekly wage or
in a manner agreed to by the employer and employee.  The bill authorizes
the commission by rule to define methods to determine a fair and just
average weekly income benefit that is consistent with applicable law.  

H.B. 2613 entitles an insurance carrier 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 that govern
the documentation, application process, and other administrative
requirements necessary to implement this provision. 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, consistent with the priorities established by the
commission, and for the reimbursement of insurance carrier claims
consistent with the priorities established by the commission. 

 The bill provides that if the commission determines that the funding of
the subsequent injury fund for a compensable death is not adequate to meet
its obligations, the fund shall be supplemented by the collection of a
maintenance tax paid by insurance carriers, other than a governmental
entity.  The rate of assessment must be adequate to provide 120 percent of
the projected unfunded liabilities of the fund for the next biennium as
certified by an independent actuary or financial advisor.  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 to make the reports available to members of the legislature
and the public. 

EFFECTIVE DATE

September 1, 2001.