(a) Failure to timely file. An injured employee who does not timely file an Application for Supplemental Income Benefits with the insurance carrier shall not receive supplemental income benefits for the period of time between the beginning date of the quarter and the date on which the form was received by the insurance carrier, unless the following apply:
(1) the failure of the insurance carrier to timely mail the form to the injured employee as provided by § 130.104 of this title (relating to Determination of Entitlement or Non-entitlement for Subsequent Quarters);
(2) the failure of the Division to issue a determination of entitlement or non-entitlement for the first quarter and the quarter applied for immediately follows the first quarter; or
(3) a finding of an impairment rating of 15% or greater in an administrative or judicial proceeding when the previous impairment rating was less than 15%.
(b) Calculation. If the injured employee has failed to timely file the Application for Supplemental Income Benefits and none of the exceptions listed in subsection (a) of this section apply, the payment of supplemental income benefits for that particular payment period shall be prorated as follows:
(1) divide the weekly amount of supplemental income benefits (as calculated pursuant to § 130.102(g)(5) and (6) of this title (relating to Eligibility for Supplemental Income Benefits; Amount) by seven to determine the daily rate;
(2) calculate the number of days between the date the Application for Supplemental Income Benefits was received and the end of that particular payment period; and
(3) multiply the number of days and the daily rate to determine the amount of the payment.
The provisions of this §130.105 adopted to be effective January 31, 1999, 24 TexReg 399; amended to be effective July 1, 2009, 34 TexReg 2138.