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Definitions Applicable to All Benefits

§ 126.1

Definitions Applicable to All Benefits

The following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) Employer Initiation of Benefits--Money paid by an employer to the employee to compensate the employee for lost wages or paid by the employer for medical expenses during a period in which the carrier has either:

(A) contested compensability of the injury;

(B) contested liability for the injury; or

(C) has not completed its initial investigation of the injury which is limited to seven days after the carrier receives first written notice of the injury as defined in § 124.1 of this title (relating to Notice of Injury).

(2) Nonpecuniary Wages--Wages paid to an employee in a form other than money. Examples of nonpecuniary wages include but are not limited to:

(A) Health insurance premiums;

(B) Laundry/cleaning;

(C) Clothing/uniforms;

(D) Lodging/housing/rent;

(E) Payment of professional license fees;

(F) Food/Meals; and

(G) Provision of a vehicle/fuel.

(3) Pecuniary Wages--Wages paid to an employee in the form of money. Examples of pecuniary wages include, but are not limited to:

(A) Hourly, weekly, biweekly, monthly (etc.) wages;

(B) Salary;

(C) Piecework compensation;

(D) Any monetary allowance such as for health insurance premiums, vehicle/fuel, food/meals, clothing/uniforms, laundry/cleaning, or lodging/housing/rent;

(E) Monetary bonuses earned or accrued by the employee; and

(F) Commissions.

(4) Unrecoupable overpayment--The amount of benefits paid by the carrier to the claimant which were not owed and which were not recoverable or convertible from other income benefits.

The provisions of this § 126.1 adopted to be effective December 26, 1999, 24 TexReg 11399.

End of Document