Bona Fide Offers of Employment in Texas Workers’ Compensation
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Bona Fide Offers of Employment in Texas Workers’ Compensation
When you’re recovering from a work injury in Texas, your employer may offer you a “light duty” or “modified duty” job. But not every offer has the same significance. Under Texas law, a Bona Fide Offer of Employment (BFOE) can affect your Temporary Income Benefits (TIBs) in a way that other modified duty offers to work do not. And whether an offer is truly “bona fide” is controlled by a detailed rule: Division of Workers’ Compensation Rule 129.6.
This guide breaks down Rule 129.6 in plain English so injured workers understand their rights, their employer’s obligations, and how to protect their benefits.
What Is a Bona Fide Offer of Employment?
A Bona Fide Offer of Employment is a written, good‑faith offer for modified duty that meets every requirement of Rule 129.6. If the offer fails any requirement, it is not bona fide — and you cannot be penalized for declining it.
A valid BFOE must:
- Match your doctor’s certified work abilities
- Be geographically accessible
- Include all required job details
- Be communicated in the proper written format
- Be based on accurate medical information
If any of these elements are missing, the offer is invalid.
Rule 129.6: What the Law Actually Requires
Below is a breakdown of each subsection of Rule 129.6 and what it means for injured workers.
FAQs: Bona Fide Offers of Employment in Texas Workers’ Compensation
It must comply with Rule 129.6, match your doctor’s restrictions, be geographically accessible, and include all required written details.
Yes. A valid BFOE can reduce or stop TIBs. An invalid offer cannot.
Then the offer is not bona fide, and you cannot be penalized for declining it.
The offer may not be valid under Rule 129.6(a). However, this section has not yet been interpreted to be a required part of the process.
Only if that doctor examined you and your treating doctor has not disagreed. Only a designated doctor’s opinion can overturn your treating doctor’s opinion.
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1. Employers Must Provide Functional Job Descriptions (Rule 129.6(a))
Before a doctor can approve modified duty, the employer must give the treating doctor functional job descriptions that include:
- Physical requirements
- Time requirements
- Available modified duty positions
This prevents employers from offering vague or misleading “light duty” jobs.
If your employer never provided these descriptions to your doctor, the offer may not be valid. However, this particular provision is rarely followed. Most employers use an existing work status report from the treating doctor and fashion a modified duty job offer upon that.
2. Modified Duty Must Match Your Doctor’s Restrictions (Rule 129.6(b))
In order to be a bona fide offer of employment, a modified duty offer must be within your work abilities as determined by your treating doctor.
If no Work Status Report (DWC‑73) is available, the employer may rely on another doctor’s exam — but only if:
- That doctor physically examined you, and
- Your treating doctor has not disagreed with those restrictions
Your treating doctor’s opinion controls unless a designated doctor says otherwise.
3. The Offer Must Be in Writing and Include Specific Information (Rule 129.6(c))
A valid BFOE must be written and must include:
- Work location
- Work schedule
- Wages
- Physical and time requirements of the job
- A statement that tasks will match your abilities and training will be provided if needed
- A copy of the Work Status Report (DWC‑73) the offer is based on
If any of this is missing, the offer is not bona fide.
4. The Carrier Can Only Deem an Offer Bona Fide if All Requirements Are Met (Rule 129.6(d))
The insurance carrier may treat the offer as bona fide only if:
- It has written copies of the offer and the Work Status Report
- The job is geographically accessible
- The offer matches the doctor’s certified abilities
- The offer includes all required details
Carriers often skip these steps — and wrongly reduce benefits.
5. The Job Must Be Geographically Accessible (Rule 129.6(e))
The carrier must consider:
- Your physical limitations and ability to travel
- Distance to the job
- Transportation availability
- Whether the schedule is similar to your pre‑injury schedule
If the job is too far, too demanding to reach, or incompatible with your limitations, it is not bona fide.
6. The Doctor’s Opinion Hierarchy (Rule 129.6(f))
When evaluating work abilities, the carrier must follow this order of preference:
- Designated doctor selected by the Division
- Treating doctor
- Referral doctor
- Consulting doctor
- Any other doctor who examined the worker
This prevents carriers from cherry‑picking opinions that favor denial.
7. Carriers May Deem Offered Wages as Post Injury Earnings (PIE) (Rule 129.6(g))
If the offer is bona fide, the carrier may treat the offered wages as Post‑Injury Earnings, which can reduce TIBs.
This can happen:
- When the worker rejects the offer, or
- On the 7th day after the worker receives the offer
Unless the treating doctor notifies the carrier that the offer does not match the worker’s restrictions.
This is why fast legal review is critical.
8. Either Party May Request a Benefit Review Conference (Rule 129.6(h))
If there is a dispute about whether an offer is bona fide, either the worker or the carrier may request a Benefit Review Conference (BRC).
The Division will find an offer bona fide only if it is:
- Reasonable
- Geographically accessible
- Compliant with subsections (b) and (c)
How a Bona Fide Offer Affects Your Benefits
A valid BFOE can reduce or stop your Temporary Income Benefits (TIBs).
An invalid offer cannot.
If the insurance company wrongly treats an offer as bona fide, your benefits may be reduced even though the offer violates Rule 129.6.
This is a common dispute in Texas workers’ comp cases.
How MLF Legal Protects Injured Workers
MLF Legal helps injured workers by:
- Reviewing job offers for Rule 129.6 compliance
- Comparing job duties to your medical restrictions
- Challenging invalid BFOEs
- Preventing improper reductions in TIBs
- Representing you at BRCs and hearings
- Ensuring your doctor’s restrictions are properly documented
A bad BFOE can cost you thousands in lost income. You don’t have to face this alone. Our Texas workers’ comp attorneys are here to help.
Call MLF Legal today at 214‑357‑1782 for a free consultation.
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