GQ Corner
Q: Can an injured worker receive workers’ compensation indemnity benefits and unemployment benefits at the same time?
A: Yes. The Appeals Panel has addressed this issue and clarified that receipt of unemployment benefits is not a bar to concurrent workers’ compensation income benefits. The relevant Appeals Panel decisions have also held that unemployment benefits are not “wages” and thus may not be treated as post-injury earnings to be offset against temporary income benefits (TIBS) payments.
At the same time, it is important to note that the representations made by the claimant in the course of applying for unemployment benefits may be inconsistent with his or her assertions relevant to the workers’ compensation claim. Specifically, an applicant for unemployment benefits generally must warrant that he or she is willing and able to work. Such an affirmation tends to undercut a concurrent claim of disability and entitlement to workers’ compensation income benefits.
Q: I have an injured worker with two active claims under which he is alleging disability and entitlement to TIBS. The dates of injury are close in time and the average weekly wage is identical for both. Under which claim – or both – should I pay TIBS if the evidence supports that he is unable to work as a result of his injuries?
A: TIBS may be payable under either claim if the evidence associated with each supports disability, but the claimant may not “double dip” and receive TIBS for both claims simultaneously.
To avoid confusion and further disputes, it would be advisable to discern under what specific claim the claimant is pursuing disability and entitlement to TIBS and to solidify the commitment by means of a DWC-24 agreement stipulating to disability for the relevant period on that claim with a second DWC-24 agreement stipulating to no disability for the relevant period on the other claim.
Q: Can the parties request a designated doctor examination to address the ability of a claimant to return to work or disability for future time periods?
A: No. The Division will not approve a request for a designated doctor examination on prospective work ability or disability. If the designated doctor so opines, the opinion will not be considered valid as to future dates.
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