GQ Corner
Q. During the 13 week period prior to the compensable injury, the injured worker earned a substantial bonus. Do I include the entire bonus in the Average Weekly Wage?
A. No, the Appeals Panel has previously held that bonuses like this should be prorated over the period for which they were earned. If this is an end-of-the-year bonus, then the bonus should be divided by 52 weeks to determine the amount to be included in the AWW. If the bonus is a quarterly bonus, then it should be divided accordingly.
Q. The injured employee returned to work pursuant to a bona fide offer of employment, but the offered wages are less than the pre-injury average weekly wage. The injured employee sporadically takes herself off of work because she doesn’t believe she can perform the offered work with her current injury. What portion, if any, of her lost time am I permitted to dispute.
A. Because the injured employee returned to work pursuant to a bona fide offer of employment, you may consider the offered wages post-injury earnings, and take a credit for those wages. If the offered wages are less than the pre-injury average weekly wage, then you must pay the difference as temporary income benefits.
Q. The treating doctor completed a DWC-73 releasing the injured employee to return to work without restrictions; however, one of the miscellaneous restrictions boxes was completed, indicating that the injured employee should not work outdoors because of his compensable injury. In this situation, when the injured employee has not returned to work since the injury, am I permitted to suspend temporary income benefits since the treating doctor issued a full-duty release?
A. Because the treating doctor actually placed a restriction on the injured employee’s return to work capability, I would be hesitant to suspend temporary income benefits based upon this DWC-73. The better course of action would be to request a designated doctor on MMI, IR, and return to work. If the only restriction provided is to remain indoors, it is likely that the injured employee is nearing MMI.
FOLIO
