Texas Regulations 130.10

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§ 130.10 Commission Review of Employment Status during the Impairment Income Benefits Period.

(a) The commission shall review the employment status of each injured employee who received an impairment rating of 15% or greater, and who has not commuted any impairment income benefits, to determine:

(1) whether the employee is unemployed, or underemployed as defined in section 130.101 of this title (relating to Definitions); and, if so; (2) whether the unemployment or underemployment is a direct result of the impairment from the compensable injury.

(b) The commission shall conduct this review:

(1) at least annually during the impairment income benefits period; and (2) no later than the 10th day before the last day of the impairment income benefits period.

(c) To conduct its review, the commission may require:

(1) periodic reports from the employee, including the Statement of Employment Status described in section 130.101 of this title (relating to Definitions); (2) periodic reports from the carrier; (3) physical or other examinations; (4) vocational assessments; and (5) other necessary tests and diagnoses.

(d) To conduct the review under subsection (b)(2) of this section, the commission shall send the employee a copy of the Statement of Employment Status with filing instructions and a description of the consequences of late filing and failing to file. The commission shall use the results of this review to make the initial determination of entitlement to supplemental income benefits, as provided by section 130.103 of this title (relating to Initial Entitlement to Supplemental Income Benefits).

The Provisions of this section 130.10 adopted to be effective April 17, 1992, 17 TexReg 2400.

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