GQ Corner
Q: The claimant’s primary care physician issued an off work status for her. Since he’s not her treating doctor, does the carrier have a basis to dispute this period of disability or must we accept the off work status from her PCP?
A: The PCP’s report would be admissible as evidence at a hearing. If you deny the disability, it would need to be because you have evidence that shows she has an ability to return to work and that he inability to return to work is not due to the compensable injury. Bear in mind the claimant does not have to have a medical report to establish disability, meaning that even without a medical, with her testimony alone, it is possible to establish disability if she can prove that her work injury is a cause of her inability to earn her pre-injury wages.
Q: I have a question regarding verifiable means. The DWC 69 was sent with the PLN 3 via certified mail. We received a notice that the claimant did not pick up and it was returned to our office. It was then sent via regular mail. How would we be able to determine the 90 days if claimant wants to dispute the impairment rating?
A: The appeals panel has held that failure to sign for the green card will not relieve the claimant of the effect of the 90-day rule. The green card should have the dates that delivery was attempted. There is no clear authority on what date would start the 90-day clock, but Appeals Panel Decision 100316 suggests that the first attempted delivery date would be the start of the dispute period .
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