GQ Corner

Q. If a claimant no-showed for a DD exam, but has since been released from his doctor and a DWC-69 is pending, am I obligated to pay the DWC-69 rating or does he have to reschedule the DD exam to be eligible for benefits?

A. If the claimant no-showed for the DD exam, you are able to suspend TIBs until such time as they reschedule and claimant appears for the re-exam.  See Rule 127.25. As for IIBs, if the claimant has not rescheduled the DD exam or even if he has, and some doctor has certified him at MMI with an impairment rating, you need to take action. This would include either agreeing with or disputing the impairment rating and filing a PLN-3a, 3b or 3c.

Q. I have a claimant that works from home as an IT professional. She took a break and went out to walk her dog. The dog jerked the leash causing her to injure her shoulder and knee. Would this be a compensable injury?

A. No, this would not be a compensable injury. The activity of walking the dog did not originate in the work, business, trade, or profession of the employer, and the claimant was not furthering the business affairs of the employer at the time she sustained the injury. Furthermore, the act of walking the dog could be characterized as a distinct departure from the business activities of the employer. I recommend that you deny the claim in its entirety.