GQ Corner
Q. If a claimant refuses to take a drug test after an injury, does that give us any basis for denial (possibly indemnity even)? He will be terminated due to the refusal.
A. The Appeals Panel has stated that refusing to take a drug test is not equated to a positive drug test and does not shift the burden to the claimant to prove he was not intoxicated. Consequently, the defense cannot likely be successfully raised to deny a claim. However, you could dispute entitlement to TIBs due to the termination. Keep in mind that both a complete denial and/or disability dispute would come down to the specific facts of this claim, were this to proceed to dispute resolution.
Q. I filed a PLN-1 on this claim. DOI reported to us by our insured was originally 2/20/2019 and this is the date reported on the PLN-1. We received notification from our insured after the PLN-1 filing that the correct DOI is actually 2/20/2018. How do I amend the original PLN-1? Do I need to file a new one? I have already made necessary changes on my file, but just need to figure out what is the best way to report this change to TDI/DWC.
A. You should file an amended PLN-1 to be safe and explain on the PLN-1 why you amended it. The easiest and surest way to get the DWC to change the injury date is simply to execute a DWC-24.
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