GQ Corner

Q. Claimant was given work restrictions that she couldn’t work for more than 4 hours per day beginning 2/20, which she did until she stopped working completely on 2/23. I’ve denied the claim, so am I required to pay TIBs?

A:   If you disputed the claim within 15 days of written notice of the claim, no benefits are paid until the case is either accepted or adjudicated and found compensable. If you disputed the claim after the 15 days passed, you would owe income benefits up to the date Carrier filed the dispute. Absent a bona fide offer of light duty work, you are not entitled to count the potential 4 hours of work as post injury earnings.

Q:   I recently resumed handling of a LIBs case from a different carrier. In reviewing the claim activity, I have a question regarding the annual 3% increase. Does the increase apply to all LIBs cases, or does the date of injury determine whether the claimant gets the increase?

A:   The annual increase applies to all LIBs cases under the 1989 Act. See Sec. 408.161(c): Benefits being paid shall be increased at a rate of three percent a year notwithstanding Section 408.061 (the max comp rate provision).