• Increase Text Icon
  • Decrease Text Icon
  • Email Icon
  • Printer Icon
You are here: 

Benefit Review Conference (BRC) Information for Injured Workers or their Beneficiaries

   

Terms on this page


Average Weekly Wage (AWW) Issues:

An average weekly wage issue is when the insurance carrier, the injured worker or their beneficiaries dispute the wages or method used to calculate an injured worker's average weekly wage. Income and death benefits are based on an injured worker's average weekly wage. A party should be prepared to discuss the following information at a BRC on an income benefit dispute.

Division Forms

Additional Information

  • Canceled checks or pay-stubs from the employer or other employers if the injured worker had more than one job for the 13-weeks prior to the injury.
  • Any information that will support the amount of earnings and/or fringe benefits provided by the employer(s). (i.e., W2 form, payroll records, etc.)

Exchange of Information

  • Must be exchanged with the Division and other parties per Rule 141.4.
  • Must be exchanged no later than 14 days prior to a BRC (5 days if BRC was expedited).
  • Bring information that is obtained after the exchange deadline to the conference in sufficient copies for filing and exchanging at the conference.

   Definition of Terms

    "Wages" are defined under Texas Labor Code Ann. §401.011(43)

   "Bona Fide Offier of Employment" is provided under Rule §129.6

Average Weekly Wage Rules:

   "General Provision" is provided under Rule §128.1

   "Full Time Employees" is provided under Rule §128.3

   "Part Time Employees" is provided under Rule §128.4

   "Seasonal Employees" is provided under Rule §128.5

   "Minors, Apprentices, Trainees or Students" is provided under Rule §128.6

   "School District Employees" is provided under Rule §128.7

   "Employer's Wage Statement" is provided under Rule §120.3

   "Employee's Multiple Employment Wage Statement" is provided under Rule §122.5

   "Pecuniary Wages" are defined under Rule §126.1(3)

   "Non-Pecuniary Wages" are defined under Rule §126.1(2)

   "Carrier Presumption of Employee's Average Weekly Wage" is provided under Rule §128.2.


For more information contact:



Last updated: 02/20/2013



Contact Information and Other Helpful Links

Translation by WorldLingo


Translation by WorldLingo