GQ Corner
Q. We have an injured worker that used his leave for the first 8 days of lost time. He then refused a BFOE consistent with claimant’s restrictions and providing for full pre-injury wages. What should we do?
A. You may dispute disability and entitlement to TIBs due to claimant’s failure to accept the Bona Fide Offer of Employment.
Q. I have an injured worker who has received a large impairment rating that I am currently paying. IIBs will not end until 2021.The claimant has uncontrolled diabetes, is septic, his body is shutting down and now has gone into a diabetic coma. He is not expected to live. This condition is not related to his work injury. If he passes away, do IIBs continue until they are paid in full or can I stop them upon death? If he is entitled to IIBs, does the spouse have to file anything with the carrier / DWC requesting benefits as his survivor?
A. Income benefits terminate on the date of death. See Section 408.121(a)(2) of the Texas Labor Code.
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