GQ Corner
Q. The claimant accepted a bona fide offer of employment consistent with applicable work restrictions and providing for her full pre-injury wages. However, she has since left work on multiple occasions due to reports of “pain” and her post-injury earnings have been reduced as a result. We already have a PLN-11 on file to dispute disability and entitlement to TIBs. May I continue to maintain the dispute, notwithstanding the lost time and reduced wages?
A. Yes. You may maintain a dispute of disability on the basis that the claimant is not unable to obtain and retain employment at wages equivalent to the pre-injury average weekly wage because of the compensable injury. Additionally, you may rely on the written offer of modified duty employment as a bona fide offer of employment under Rule 129.6 as long as it comports with the requirements of that Rule.
Q. We requested a designated doctor examination on issues of maximum medical improvement (MMI) and impairment rating but the claimant failed to appear without apparent good cause. The claimant was previously released to return to full duty work and we are not paying TIBs as a result. To date, the claimant has made no attempts to reschedule the designated doctor examination. Do we have an obligation to do so?
A. No. You may simply wait to see if the claimant resurfaces and attempts to reschedule the examination. You may, but are not obligated to, request a new examination now or in the future.
FOLIO
