GQ Corner
Q. The claimant has a second job as a personal trainer and argues that his average weekly wage and attendant benefit rate should be higher when taking this into account. What documentation do I need in order to compensate him for his lost wages?
A. The claimant will need to provide you with a completed DWC-3ME form before you have an obligation to adjust his benefits. If you receive the DWC-3ME and it is filled out completely and correctly, you should adjust his benefits accordingly. Be sure to keep track of the additional payments, as you can seek reimbursement from the Subsequent Injury Fund (SIF) for the additional benefits you pay as a result of a multiple employer situation.
Q. The claimant has been released to return to work at light duty. The claim employer cannot accommodate the applicable restrictions at its regular location but offered a position at another site a few miles farther away. The claimant has indicated that she may refuse the offer on the basis that it is too far for him to travel. Is there a limit on mileage with respect to an offer of modified duty employment?
A. There is no mileage limit. Rule 129.6 notes that the offered job must be “geographically accessible” and provides the following non-exhaustive list of relevant considerations:
- the effect that the employee’s physical limitations have on the employee’s ability to travel;
- the distance the employee will have to travel;
- the availability of transportation; and
- whether the offered work scheduled is similar to the employee’s work schedule prior to the injury.
Ultimately, the issue of geographic accessibility is fact-specific and turns on whether the offer is “reasonable” based on the unique facts and circumstances, which will be interpreted and applied by the Hearing Officer.
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