GQ Corner
Q. If the employer marks “Yes” for non-pecuniary wages, that they will continue to provide, do I add this amount into the gross wages?
A. You do not add non-pecuniary wages into the average weekly wage until the employer stops paying them.
Q. Claimant indicated that on 8/9/21 she was driving over to the bank to make a store deposit (she was driving her personal vehicle) when she was hit on the passenger side. Her car is currently in the shop. The claimant was wearing her seatbelt. She reports pain to left shoulder, neck and low back pain. Other driver did admit to it being his fault. The next day (9/10/21) the claimant works a couple of hours and leaves due to low back pain. She hires an attorney, who recommends she go to a clinic. She is taken off work through 8/31/21. Claimant had a follow up doctor visit with clinic on 8/18/21, she was driving a rental car and was sitting at a red light when she gets rear-ended by another car. She claims her back was aggravated even more. Did not aggravate her shoulder or neck, but only her low-back. The claimant has not been back to the doctor. She is waiting to hear from the carrier from the auto accident of 8/18/21 and get another rental car through them. In this case where the claimant was in the course and scope of her employment when she was involved in a MVA on 8/9/21, then gets into another MVA on 8/18/21, but claims only her lower back was hurt. Are we still responsible for the initial accident or only for the neck and shoulder as she had an intervening injury to the low back?
A. The fact of an intervening injury does not constitute a defense against the original injury. For you to be relieved of liability for any condition involved in the second injury, there would have to be a showing that the compensable injury is not a producing cause of the current condition. PLNs should not be filed except to explain why a particular benefit is not being paid. If you are not denying the payment you should not file the PLN.
FOLIO
