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Advisory 2002-10

New Wage Statements:
Employers's Wage Statement - TWCC-3
Employer's Wage Statement for School Districts - TWCC-3SD
Employer's Multiple Employment Wage Statement - TWCC-3ME

The Commission recently adopted new rules relating to Wage Statements used to calculate the Average Weekly Wage (AWW). Rule 120.4 addresses the employer's requirements for filing the Wage Statement and it replaces language that was previously contained in Rule 128.2. The new rule outlines both when the Wage Statement is to be filed and the required content of the report.

Because House Bill 2600 (HB-2600), passed by the 77 th Texas Legislature, made changes to the way the AWW is calculated for employees who sustain an on-the-job injury or illness while working for school districts, there is a need for a standard Wage Statement and a separate one for school district employees. These two forms are the Employer's Wage Statement - TWCC-3 and the Employer's Wage Statement For School Districts - TWCC-3SD, respectively.

In addition, HB-2600 made changes to the way the AWW is calculated for employees who were employed by more than one employer when they sustained their compensable injuries. Employees injured on or after July 1, 2002 may include wages from all employers that the employee was employed with on the date of injury. An employee who wishes to include wages from multiple employers in the AWW is required to file an Employee's Multiple Employment Wage Statement - TWCC-3ME with the insurance carrier. Rule 122.5 outlines the specific requirements.

These new forms are attached to this Advisory and are also available for download from the Commission's website at Spanish language versions of this form will be available shortly and will be placed on the website at that time.

The new forms are available for use immediately but will become mandatory effective October 7, 2002. However, the fact that these forms are not yet mandatory does not relieve employers and employees from complying with Rules 120.4 and 122.5 regarding what must be included in a Wage Statement. Until the new forms are mandatory, the old form can be used because the information required by the above rules is included in the old form.

Signed this 7th day of August, 2002

Richard F. Reynolds, Executive Director

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