GQ Corner
Q. I do not know if this would be a compensable claim in Texas since there was nothing at work that placed the claimant at an increased risk of injury after the claimant blacked out and fell. Employee was walking towards the office after clocking out and she blacked out. She alleges she fell face first injuring left side of face, both wrists, back, hip, knees and stomach. She did not hit anything on the way down, just the floor.
A. The floor is actually considered an instrumentality of the employer. As a result, while the carrier probably is not liable for whatever conditions(s) caused the blackout, the carrier is liable for the injuries she sustained as a result of hitting the floor.
Q. The employee was released to light duty work from her treating doctor. The ortho has not released her to return to work. The employer is able to accommodate the restrictions and able to provide her with a bona fide offer. Do we have to wait until she is release from her ortho?
A. The employer may make an offer of employment to the claimant based on the treating doctor’s DWC-73. Moreover, Rule 129.6(f) provides an “order of preference” that carriers are expected to use in evaluating an offer of employment. That rule provides that the opinion of the treating doctor has preference over a referral doctor, which we assume the ortho to be.
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