GQ Corner

Q. I have a claimant who had knee surgery/TIBs were paid. She returned to work light duty/full pay as of 5/2/19. She was recently indicted and was put on administrative leave without pay. The employer would have continued to accommodate if this unrelated event had not occurred. I do not believe that we should pay TIBs. I think we should file a PLN-11. What do you all recommend?

A. Yes, file a PLN-11.  Deny disability as a result of the compensable injury.

Q. An employee in his probationary period (working approx. 2 months before injury) was fired on 6/3/19. This termination was planned for 6/03/19, per the member policy it had to be cleared by upper level management and the job had to be posted. The injured worker had previous safety concerns with his CHL, including an accident driving a dump truck, which was the cause of his termination.  He alleges an exposure to Chlorine on 6/3/19 roughly 11:30 a.m. and taken to the ER. Upon leaving the ER, he was instructed to come back to the employer where he was let go. The injured worker did not see the treating doctor until 6/12/19 where he was released to RTW at full duty. Is 1 day of TIBs due?  Per IW, he would have had light duty available had he not been scheduled for termination already. 

A. If he was on restrictions between 6/3 and 6/11, then 1 day of TIBs would be due. If not, then no TIBs are due. It would not matter whether the employer could have accommodated in the absence of the termination.