GQ Corner

Q. Do we begin counting the date of disability the date the claimant was given restrictions, even though the claimant has had no lost time? For purposes of stat MMI?

A. No. The first day of disability is a day where the claimant has the inability to obtain and retain employment at the preinjury wage. If the claimant is actually working and making the preinjury wage then the existence of restrictions is not relevant to a determination of disability.

Q. When making a payment for IIBS, if we are at the max payment, do we go off the date of injury or MMI? 

A. The date of injury dictates the max rate, not the date of MMI.