GQ Corner
Q: The injured employee recently had surgery, and was taken off of work entirely based upon the surgery. The injured employee called me today to inform me that he has taken a job with another employer, and he is earning more than his pre-injury wages. Am I permitted to suspend his TIBs based upon this conversation and in the face of a DWC-73 preventing the injured employee from returning to work?
A: Yes. Because disability is an economic concept, if the injured employee’s post-injury wages are greater than his pre-injury wages, he is not disabled, and not owed TIBs.
Q: The injured employee sustained a compensable injury when he fell off a structure and broke both of his legs. However, he failed his post-injury drug screen and was terminated for cause. Now, more than 6 months post-injury, the injured employee has been released to return to work with restrictions. The insured always offers light duty based upon any restrictions. Am I permitted to dispute full TIBs and pay partial TIBs because the insured would have been able to accommodate the restrictions but for the termination?
A: No. Even though it is the termination that is preventing the injured employee from returning to work, he remains fully disabled. Unless the insured offers the injured worker a light duty position, you must continue to pay full TIBs.
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