Work Comp adjuster not returning calls

[cleoboa]

According to the Texas Labor Code, my weekly ‘average’ income is supposed to be the total of my last 13 pay checks, divided by 13 and I am supposed to get a percentage of that. After looking at what ‘they’ came up with, I knew this was way under what it should be.

It took me some digging but I was finally able to find all of my last 13 check stubs. After doing the calculations, they have my average $48.65 less than it should be.

I sent the adjuster an email on this, listing the dates/amounts of the past 13 checks along with my calculations. (I began this email with “according to the Texas Labor Code”, lol) I also told him that I would ‘appreciate it’ if he would contact me before and/or after he investigated this as well as give me a run down on what options (future) to expect. (even though I have a pretty good idea of what ‘could’ happen, I want to hear it from him) I also told him that I have no problem scanning and sending him copies of each of these pay stubs.

My other question is that beginning in January; all full time employees have been receiving bonus checks from each months store sales. I don’t know if I will still get mine and if not, shouldn’t these amounts also be added in my ‘income average’?

[Lilly]

if you have already recieved a bonus check, this should have been included in the 13 wk period that you gave them proof of. If you have not yet recieved the bonus ck I imagine the Bonus checks will only be given to 'actively working' employees...you may want to dig up your employer handbook and see what it says on this issue.
Lilly

[jayne]

Honey didnt get one bonus check while on TTD but he did get all back bonus when he went back to work the first time...after the 2nd injury he was medically retired and he didnt get any of those bonuses back.....But it was his union that made it possiable

[cleoboa]

According to the adjuster, the ‘average’ is taken from the 13 weeks ‘prior’ to my injury back in September 2007! This really burns me up because 8 of those were when I was still part time! It cannot be fair that my ‘average’ is calculated from 8 part time weeks and only 5 full time ones!

[cleoboa]

408.042. AVERAGE WEEKLY WAGE FOR PART-TIME EMPLOYEE OR
EMPLOYEE WITH MULTIPLE EMPLOYMENT
(A) if the employee has worked for the employer
for at least the 13 weeks immediately preceding the date of the
injury, the average weekly wage is computed by dividing the sum of
the wages paid in the 13 consecutive weeks immediately preceding
the date of the injury by 13 and adjusting that amount to the weekly
wage level the employee would have attained by working a full-time
workweek at the same rate of pay; or
(B) if the employee has worked for the employer
for less than 13 weeks immediately preceding the date of the injury,
the average weekly wage is equal to:
(i) the weekly wage that the employer pays a
similar employee for similar services based on a full-time
workweek;

Am I reading this correctly that this states that even if I were 'only' part time I should receive full time pay? If so, then it would seem that they would have to adjust those 8 weeks from part time to full time.

[AQA]

I am sorry to say "no". They will take your last 13 weeks of pay and divide by 13. They will then take that amount and multipy it by .70. That will be the amount of your "TIBS".

What you have posted above refers to, if you had ONLY worked for 10 weeks prior to the injury. Then they would adjust the figures as if you had worked 13 weeks.

[Still in Limbo]

Cleoboa, I understand You wanting to try and show Compliance by not getting an Attorney, but quite Frankly they don't Care. You can Bet they have given Copies of Everything of Yours to Their Attorneys already, and they are Working behind the Scenes with the Adjuster, just waiting for You to Make that "ONE" little Mistake to Bounce You Right Out of the System! You don't know Me, and I'm not a Paranoid Person, just a Person who has been Beat Around in this System for Going on 4 Years, I'm Totally Disabled and they are STILL trying to take Everything away from Me, and if not for My Attorney thy May Have! Their is no "Fair Ball" with w/c, Please do Your Self a Favor and Hire an Attorney! Best of Luck!!