GQ Corner

Q. Is there any instance where ringworm would be compensable? We have a teacher how feels is was transmitted by a student, wouldn’t this just be like a cold or the flu?

A. Although difficult to prove, I can see a circumstance where a teacher could prove ringworm as a work-related injury. She would have to show that she is exposed to the condition at a higher rate than the general public (which maybe she could and maybe she couldn’t—it would be a fact question for the judge). Additionally she may have to prove that a specific child had a confirmed case of ringworm and that she was exposed to that specific case, and no other case, and that she did in fact test positive for ringworm.

Q. I have a newer client – they are a swimming pool company. They are getting ready to do what they are calling “per seasonal (planned) reduction of workforce” as the summer season comes to a close and are anticipating laying off one of our active claimants.

She is currently working LD but due to overtime in her AWW – we are paying her some TPD every week. If she is laid off will we still owe the TPD or can we deny that she is entitled to benefits due to layoff for reduction in force seasonal?

Does employer need to have some kind of proof that they do a seasonal layoff and/or that this employee knew she could be a part of that? Does that change anything?

A. Because she is not earning the preinjury wage, then she is disabled on the day before the layoff and is, therefore, disabled after the layoff because she was unable to retain employment at the preinjury wage.

As such, you will need to pay full TIBs based upon a comparison of the AWW to the post injury earnings ($0.00) and thus you will need to pay full TIBs.

Depending upon the particular facts and circumstances, the answer might be different had the employer offered full wages prior to the layoff.

The seasonal nature of the employment is not relevant.