GQ Corner
Q. Claimant reports he was turning in a rolling office chair when he felt pain to his right lower back. He was diagnosed with a lumbar strain and has a history of low back pain. Would the mechanism of injury be consistent with a lumbar strain?
A. It can be. The question is whether such an activity really caused a lumbar strain. If he has a history of back pain, he must prove by expert evidence of causation that there is a new injury.
Q. Claimant was initially due five days of TIBs, only due to his return to work full duty status prior to 14 days of disability. Claimant was subsequently placed on limited duty and has a loss of earnings with partial TIBs being due. Even though he is only due partial TIBs due to loss of earnings, the waiting period will still be due as he has now met over 14 days of disability based on loss of earnings, correct?
A. That is exactly right. A day of partial disability is a day of disability for purposes of counting the waiting period.
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