GQ Corner
Q: If we have the proper documentation and pay additional indemnity due to a DWC-003 ME (Multiple Employment Wage Statement), is there a way to recover the amount paid pursuant to the DWC-003 ME from the SIF?
A: Yes, you can request reimbursement from the SIF for payments made due to a multiple employer situation. You can make the request during the current fiscal year (which runs from September 1 through August 31) for payments made during that year or the prior year. Thus, before August 31 of this year (2015), you can request reimbursement for payments made as early as September 1, 2013. For payments made from September 1, 2014 through August 31, 2015, you have until August 31, 2016 to request reimbursement.
Q: Is an injured employee required to have at least a 15% impairment rating in order to be eligible to commute IIBs?
A: No. According to Section 408.128 and Rule 147.10, IIBs can be commuted on any impairment rating. The only requirements are that the claimant has returned to work for 3 months, earning at least 80% of his preinjury wage.
Q: I have an injured employee that has been off work per his treating doctor. His date of injury is 01/01/2014. This injured employee owns a business and has been seen working, but is not reporting any post-injury earnings to me.. The designated doctor has provided an opinion that the claimant is not at MMI. We are in the process of requesting a post DD RME. Do we need to request a BRC to stop TIBS?
A: No. Where, as here, you have a legitimate basis for raising a disability dispute (and a DD has not been appointed on the issue), you can file a PLN-11 and suspend TIBs. You do not need to request a BRC to accomplish this.
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