GQ Corner
Q. Once I receive an adverse Decision and Order, do I have to initiate payment if I am appealing the decision, and if so, what is my deadline to appeal?
A. The decision is binding during an appeal, which means it must be paid, and the payment deadlines are different depending on whether or not the decision is appealed. Pursuant to Rule 142.16(f) and the 2001 legislative changes, if the decision of the Administrative Law Judge is not appealed, you must make payment no later than the 20th day after the decision has become final due to a lack of appeal. The decision becomes final the first day after the 15th working day following your Austin Representative’s receipt of the decision.
However, if you wish to appeal the Administrative Law Judge’s decision, you must issue payment no later than the fifth day after the Request for Review is filed.
Q. I received a DWC-73 listing various restrictions. The employer is willing and able to accommodate all of the physical restrictions; however, the DWC-73 also states, “no driving/operating heavy equipment.” The injured employee states that this precludes her from driving to work. Is the employer required to drive her to and from work in order to fully accommodate these restrictions?
A. Since “no driving/operating heavy equipment” is a valid restriction, the employer would have to accommodate it on the job. The employer is not required to accommodate it to get the injured employee to and from work, but if the injured employee can demonstrate that the restriction precludes any reasonable ability to get to work, then the offer will be deemed not “geographically accessible,” which will preclude you from suspending TIBs.
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