GQ Corner
Q. The claimant reported he was doing paper work when a co-worker came into the breakroom with a snake. When he saw the snake, the co-worker chased the claimant with the snake all the way out of the office between the breakroom and outside. As a result, the claimant fell and injured his left knee. Would this be a valid denial for horseplay?
A. Probably not. It doesn’t sound like the claimant was a willing participant in this activity.
Q. If I am not paying TIBs since the claimant is off due to personal reasons, do I file a PLN-11? Is any document required to deny this lost time such as a letter from IW or an email stating the claimant is off work for non-work related reasons?
A. No, although I think you should document your file showing that the claimant is off for personal reasons. An email or letter from the claimant works fine. You would file a PLN-11 disputing disability for the time that the claimant is off for personal reasons.
Q. The claimant typically works 32 hours per week with overtime as dictated by business need. She was extended a bona fide offer of modified duty allowing up to 37.5 hours per week and signed the offer. Her attorney is now attempting to argue the offer is not valid because it allows for more than 32 hours per week. May I still terminate benefits now that the offer has been signed by the claimant?
A. Yes. If the offer meets the requirements of Rule 129.6, you can terminate or reduce TIBs based on the offered wages.
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