Tex. Labor Code Section 408.0446
Average Weekly Wage; School District Employee


(a)

For determining the amount of temporary income benefits of a school district employee under Chapter 504 (Workers’ Compensation Insurance Coverage for Employees of Political Subdivisions), the average weekly wage is computed on the basis of wages earned in a week rather than on the basis of wages paid in a week. The wages earned in any given week are equal to the amount that would be deducted from an employee’s salary if the employee were absent from work for one week and the employee did not have personal leave available to compensate the employee for lost wages for that week.

(b)

An insurance carrier may adjust a school district employee’s average weekly wage as often as necessary to reflect the wages the employee reasonably could expect to earn during the period for which temporary income benefits are paid. In adjusting a school district employee’s average weekly wage under this subsection, the insurance carrier may consider any evidence of the employee’s reasonable expectation of earnings.

(c)

For determining the amount of impairment income benefits, supplemental income benefits, lifetime income benefits, or death benefits of a school district employee under Chapter 504 (Workers’ Compensation Insurance Coverage for Employees of Political Subdivisions), the average weekly wage of the employee is computed by dividing the total amount of wages earned by the employee during the 12 months immediately preceding the date of the injury by 50.

(d)

If the commissioner determines that computing the average weekly wage of a school district employee as provided by this section is impractical because the employee did not earn wages during the 12 months immediately preceding the date of the injury, the commissioner shall compute the average weekly wage in a manner that is fair and just to both parties.

(e)

The commissioner shall adopt rules as necessary to implement this section.
Added by Acts 2001, 77th Leg., ch. 1456, Sec. 10.04, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.098, eff. September 1, 2005.

Source: Section 408.0446 — Average Weekly Wage; School District Employee, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­408.­htm#408.­0446 (accessed Mar. 23, 2024).

408.001
Exclusive Remedy
408.002
Survival of Cause of Action
408.003
Reimbursable Employer Payments
408.004
Required Medical Examinations
408.005
Settlements and Agreements
408.006
Mental Trauma Injuries
408.007
Date of Injury for Occupational Disease
408.008
Compensability of Heart Attacks
408.021
Entitlement to Medical Benefits
408.022
Selection of Doctor
408.023
List of Approved Doctors
408.024
Noncompliance with Selection Requirements
408.025
Reports and Records Required from Health Care Providers
408.026
Spinal Surgery
408.027
Payment of Health Care Provider
408.028
Pharmaceutical Services
408.029
Nurse First Assistant Services
408.031
Workers’ Compensation Health Care Networks
408.0041
Designated Doctor Examination
408.041
Average Weekly Wage
408.0042
Medical Examination by Treating Doctor to Define Compensable Injury
408.042
Average Weekly Wage for Part-time Employee or Employee with Multiple Employment
408.0043
Professional Specialty Certification Required for Certain Review
408.043
Average Weekly Wage for Seasonal Employee
408.0044
Review of Dental Services
408.044
Average Weekly Wage for Minor, Apprentice, Trainee, or Student
408.0045
Review of Chiropractic Services
408.045
Nonpecuniary Wages
408.0046
Rules
408.046
Similar Employees, Services, or Employment
408.047
State Average Weekly Wage
408.061
Maximum Weekly Benefit
408.062
Minimum Weekly Income Benefit
408.063
Wage Presumptions
408.064
Interest on Accrued Benefits
408.081
Income Benefits
408.082
Accrual of Right to Income Benefits
408.083
Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits
408.084
Contributing Injury
408.085
Advance of Benefits for Hardship
408.101
Temporary Income Benefits
408.102
Duration of Temporary Income Benefits
408.103
Amount of Temporary Income Benefits
408.104
Maximum Medical Improvement After Spinal Surgery
408.105
Salary Continuation in Lieu of Temporary Income Benefits
408.121
Impairment Income Benefits
408.122
Eligibility for Impairment Income Benefits
408.123
Certification of Maximum Medical Improvement
408.124
Impairment Rating Guidelines
408.125
Dispute as to Impairment Rating
408.126
Amount of Impairment Income Benefits
408.127
Reduction of Impairment Income Benefits
408.128
Commutation of Impairment Income Benefits
408.129
Acceleration of Impairment Income Benefits
408.141
Award of Supplemental Income Benefits
408.142
Supplemental Income Benefits
408.143
Employee Statement
408.144
Computation of Supplemental Income Benefits
408.145
Payment of Supplemental Income Benefits
408.146
Termination of Supplemental Income Benefits
408.147
Contest of Supplemental Income Benefits by Insurance Carrier
408.148
Employee Discharge After Termination
408.149
Status Review
408.150
Vocational Rehabilitation
408.151
Medical Examinations for Supplemental Income Benefits
408.161
Lifetime Income Benefits
408.162
Subsequent Injury Fund Benefits
408.181
Death Benefits
408.182
Distribution of Death Benefits
408.183
Duration of Death Benefits
408.184
Redistribution of Death Benefits
408.185
Effect of Beneficiary Dispute
408.186
Burial Benefits
408.187
Autopsy
408.201
Benefits Exempt from Legal Process
408.202
Assignability of Benefits
408.203
Allowable Liens
408.0221
Request for Description of Employment
408.221
Attorney’s Fees Paid to Claimant’s Counsel
408.222
Attorney’s Fees Paid to Defense Counsel
408.0231
Maintenance of List of Approved Doctors
408.0251
Electronic Billing Requirements
408.0252
Underserved Areas
408.0271
Reimbursement by Health Care Provider
408.0272
Certain Exceptions for Untimely Submission of Claim
408.0281
Reimbursement for Pharmaceutical Services
408.0282
Requirements for Certain Informal or Voluntary Networks
408.0284
Reimbursement for Durable Medical Equipment and Home Health Care Services
408.0446
Average Weekly Wage
408.0815
Resolution of Overpayment or Underpayment of Income Benefits
408.1225
Designated Doctor
408.1415
Work Search Compliance Standards
408.1615
Lifetime Income Benefits for Certain First Responders

Accessed:
Mar. 23, 2024

§ 408.0446’s source at texas​.gov