GQ Corner
Q: I received a DWC-73 that releases the injured employee to return to work with restrictions through September 21, 2017. On September 7, 2017, I received another DWC-73 from the same doctor that releases the injured employee to return to work immediately without restrictions. Which form do I comply with?
A. You are permitted to comply with the most recent DWC-73, since it is from the same doctor. The general rule is that the most recent DWC-73 (from the same doctor) trumps the older DWC-73.
Q. The injured employee is released to return to work with restrictions, which the employer can accommodate. When the accommodation is verbally communicated to the injured employee, she rejects the offer, and she elects to use PTO instead. I have a recorded statement from the claimant admitting to these facts. Based upon this scenario, and in the absence of a bona fide offer of employment, may I dispute disability?
A. As long as the light duty assignment would have paid the injured employee her full pre-injury wages, and as long as the PTO she is receiving is for the full pre-injury wages, then yes, you may dispute disability and entitlement to TIBs in this scenario, even in the absence of a bona fide offer of employment. Under Rule 129.2, earning from the voluntary use of paid leave may be considered post-injury earnings. Even still, the best practice is to have the employer extend a formal offer of employment that complies with Rule 129.6.
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