Section 408.103(a) provides, in part, that subject to Sections 408.061 and 408.062 (the maximum and minimum TIBs rates, respectively), the amount of a temporary income benefit is equal to 70% of the amount computed by subtracting the employee’s weekly earnings after the injury from the employee’s AWW, or for the first 26 weeks, 75% of the amount computed by subtracting the employee’s weekly earnings after the injury from the employee’s AWW if the employee earns less than $10 an hour. 28 TAC Sec. 129.3(d) provides that the IC shall calculate the employee’s lost wages by subtracting the PIE from the AWW. 28 TAC Sec. 129.4(a) provides that the IC shall adjust the weekly amount of TIBs paid to the IE as necessary to match the fluctuations in the employee’s weekly earnings after the injury.
Impact on PIE Value for Partial TIBs Based on Reduction in Work Hours for Reasons Unrelated to Compensable Injury.
Among the issues in the CCH was the IE’s entitlement to partial TIBs during a post-injury period in which she worked for the employer in a light-duty status. The ALJ found the IE was entitled to partial TIBs in the amount requested by the IE, which was based on the value for PIE for each week on the number of hours she worked. IC contended that the value for PIE each week should have been based on the wages offered to the IE for the light-duty position since there was evidence presented that the IE missed time for reasons not related to the compensable injury. That evidence included a request from the IE to the employer to reduce her hours so that her income would not impact her receipt of Social Security disability benefits for a condition unrelated to the compensable injury. The AP reversed the ALJ’s decision since the ALJ made no findings of fact on the evidence presented regarding the IE’s earnings based on reduced hours for reasons unrelated to the compensable injury, which impacts the amount of partial TIBs to which the IE is entitled. APD 172600.