Texas Administrative Code

Texas Administrative Code

TITLE 28	INSURANCE
PART 2	TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 124	INSURANCE CARRIERS: NOTICES, PAYMENTS, AND REPORTING
SUBCHAPTER A	INSURANCE CARRIERS: REQUIRED NOTICES AND MODES OF PAYMENT
RULE §124.7	Initial Payment of Temporary Income Benefits

(a) As used in this section, the following terms have the following meanings, unless the context clearly indicates otherwise: "Accrual date" means the day an injured worker's income benefits begin to accrue. "Day of disability" means a day when the worker is unable to obtain and retain employment at wages equivalent to the pre-injury wage because of a compensable injury. Intermittent days of disability shall be cumulated to calculate the accrual date.

(b) An injured worker's accrual date is the worker's eighth day of disability.

(c) A carrier who has received written notice of an injury and has not disputed the claim shall initiate income benefits no later than the seventh day after the accrual date.

(d) Nothing in this section is intended to limit a carrier's discretion to initiate payment of temporary income benefits before the time limit established in subsection (c) of this section.

Source Note: The provisions of this §124.7 adopted to be effective September 30, 1991, 16 TexReg 5071; amended to be effective March 1, 1993, 18 TexReg 472; amended to be effective June 5, 2003, 28 TexReg 4290