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Permanent Loss of Entitlement to SIBs (I40)

An IW who is not entitled to SIBs for 12 consecutive months ceases to be entitled to any additional income benefits for the compensable injury. Sections 408.146(c); 130.106(a); APD 041231-s. However, an IW who has lost entitlement to SIBs under Sections 408.146(c) and 130.106(a) will become re-entitled to SIBs if the IW Is discharged from employment within 12 months of losing entitlement and the employer discharged the IW with intent to deprive the IW of SIBs. Section 130.109. An IW permanently loses entitlement to SIBs upon the expiration of the 401-week period calculated pursuant to Section 408.083. Section 130.106(b).

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