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Tex. Lab. Code § 408.061

MAXIMUM WEEKLY BENEFIT

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 2 court decisions — leading case the City of San Antonio v. James Diehl (2012)

Most recently applied in Texas Department of Insurance, Division of Workers' Compensation v. Bonnie Jones and American Home Assurance Company (June 2016)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

(a) A weekly temporary income benefit may not exceed 100 percent of the state average weekly wage under Section 408.047 rounded to the nearest whole dollar.

(b) A weekly impairment income benefit may not exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.

(c) A weekly supplemental income benefit may not exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.

(d) A weekly death benefit may not exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar.

(e) A weekly lifetime income benefit may not exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar.

(f) The division shall compute the maximum weekly income benefits for each state fiscal year not later than October 1 of each year.

(g) The maximum weekly income benefit in effect on the date of injury is applicable for the entire time that the benefit is payable.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.