| (a) Once temporary income benefits (TIBs) accrue, an injured
employee (employee) is entitled to TIBs to compensate the employee for lost
wages due to the compensable injury during a period in which the employee
has disability and has not reached maximum medical improvement.
(b) Lost wages are the difference between the employee's gross
average weekly wage (AWW) and the employee's gross Post-Injury Earnings (PIE).
If the employee's PIE equals or exceeds the employee's AWW, the employee has
no lost wages.
(c) PIE shall include, but not be limited to, the documented
weekly amount of:
(1) all pecuniary wages paid to the employee after the date
of injury including wages based on work performed while on modified duty and
pecuniary fringe benefits which are paid to the employee whether the employee
has returned to work or not;
(2) any employee contribution to benefits such as health
insurance that the employee normally pays but that the employer agrees to
pay for the employee in order to continue the benefits (which does not include
the portion of the benefits that the employer normally pays for);
(3) the weekly amount of any wages offered as part of
a bona fide job offer which is not accepted by the employee which the insurance
carrier (carrier) is permitted to deem to be PIE under §129.6 of this
title (relating to Bona Fide Offers of Employment);
(4) the value of any full days of accrued sick leave or
accrued annual leave that the employee has voluntarily elected to use after
the date of injury;
(5) the value of any partial days of accrued sick leave
or accrued annual leave that the employee has voluntarily elected to use after
the date of injury that, when combined with the employee's TIBs, exceeds the
AWW; and
(6) any monies paid to the employee by the employer as
salary continuation based on :
(A) a contractual obligation between the employer and the employee
including through a collective bargaining agreement;
(B) an employer policy; or
(C) a written agreement with the employee.
(d) PIE shall not include:
(1) any non-pecuniary wages paid to the employee by the employer
after the injury;
(2) any accrued sick leave or accrued annual leave that
the employee did not voluntarily elect to use;
(3) any wages paid by the employer as salary supplementation
as provided by Texas Labor Code, §408.003(a)(2);
(4) any moneys paid by the employer which would otherwise
be considered PIE under subsection (c) of this section but which the employer
attempts or intends to seek reimbursement from the employee or carrier; or
(5) any money paid to an employee under an indemnity disability
program paid for by the employee separate from workers' compensation.
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