GQ Corner

Q. If an injured employee is missing time from work in order to attend doctors appointments, are they entitled to temporary income benefits?

A. Lost time for medical treatment can result in disability regardless of the work release status.  You can request that the employee attempt to schedule appointment around the work schedule and if it is “reasonable” for them to do so considering all factors (location, personal obligations, transportation availability, available times for appointments), you may have a basis to dispute disability.  It would be a fact issue and could go either way depending on many aspects – the venue, the judge, the presentation and demeanor of the claimant vs employer witnesses, ect.

Q. I have an injured employee who was a part-time employee until the five weeks immediately prior to her injury. When calculating the average weekly wage, should I only use the last five weeks since that is what the injured employee would have continued to make had the injury not occurred?

A. No. If the employee worked the full 13 weeks prior to the date of injury, you base the AWW on the actual earnings during the 13 weeks.

Q.  After signing a DWC-24 agreement, when do I have to initiate payment?

A. Unless there is a different compliance date put in and agreed to by the parties in the small print section just above the signature section, you must pay within five days of the carrier’s receipt of the approved agreement. Day 1 is the date after the receipt date of the approved agreement.