GQ Corner
Q. The claimant has been released to return to work on light duty. The employer can accommodate, but not at the pre-injury hours or wages. The employee has asked whether he can use vacation time to supplement his reduction in earnings. If he takes the vacation pay, can I count this as post injury earnings?
A. Yes, but only if the claimant voluntarily takes the vacation pay. If he is forced to use his vacation/sick leave, then you would not be able to count he earnings as post-injury earnings.
Q. Claimant has submitted mileage reimbursement for travel to a pain management specialist that he was referred to by his treating doctor. The distance one way is 47 miles. I have located 6 pain management providers within the 30 mile radius. Claimant is arguing that he was simply going where his treating doctor was referring him, and he expects to be reimbursed for his travel. Do I owe him mileage reimbursement since the treating doctor specifically referred him to this pain management doctor?
A. No. Rule 134.110 specifically provides that mileage reimbursement is only provided where the treatment sought is not reasonable available within the 30 mile radius. Since there are a number of other pain management specialists within the radius, you can deny the request for reimbursement.
Q. How long must a dependent child be removed from college before I can suspend death benefits? If I suspend, what do I do with the amount that I was paying the dependent child?
A. Death benefits can be suspended when a dependent child has failed to enroll in an accredited school for two consecutive semesters. If benefits are suspended, you will need to redistribute that portion of the benefits to the other beneficiaries.
FOLIO
