GQ Corner

Q. With respect to the 7-day waiting period for purposes of TIBs, do the seven days of disability have to be consecutive?

A. No. Disability dates are counted individually and may be sporadic. The accrual date for purposes of TIBs is the eighth day of disability, on a cumulative basis.

Q. Is a physician’s assistant (PA) authorized to sign off on a DWC-73 Work Status Report in lieu of the doctor?

A. Yes. Effective 6-9-17, the treating doctor may delegate to a PA who is licensed to practice in Texas, the authority to complete and sign a DWC-73 work status report regarding the employee’s ability to return to work.  See HB 2546 and Sec. 408.025(a-1) of the Texas Labor Code.

Q. We have been paying SIBs on an ongoing basis, but I would now like to dispute entitlement. Should I file a PLN-11 to do so?

A. No. The appropriate form for disputing SIBs is a DWC-45 requesting a BRC on the matter. The deadline to do so is ten days after receiving the DWC-52 application, and failure to do so may result in waiver of your right to contest entitlement.