GQ Corner
Q: Claimant was hired on to be a part time employee; however claimant was working full time hours to get on the job training at the time of the injury. AWW was calculated based on the 2 full work weeks we had. Claimant is now being released to light duty. If he goes back to modified duty working part time as originally hired to do, would we need to pay him based on the AWW calculated when he was being trained or do we even owe him since he will be working part time full pay based on the fact that he was hired as a part time employee?
A: For employees that have worked less than a full 13 weeks, you would not use the two week earnings, but rather should first attempt to apply similar employee’s wages for the same 13-week period. If a similar employee was employed during that period, he employer should correct the wage statement to set out those wages. If there is no similar employee, the carrier should apply a fair and just calculation method to determine the AWW.
Q: A Designated Doctor assigned a 16% impairment rating and all IIBs were paid. We disputed the IR and a CCH was held, which found the correct IR was 5%. The Appeals Panel upheld the CCH decision & order. Can we apply for reimbursement from the Second Injury Fund for IIBS paid based on the DD assessment that was later overturned?
A: Yes, once the Appeals Panel Decision becomes final due to the claimant’s failure to request judicial review in district court, you can apply for reimbursement for the amount over 5% that you paid. The claimant has 45 days from the date of the AP notice to file in district court.
Q: Are the parking fees included in the travel reimbursement of 54 cents a mile or is the parking paid separately? Also, is there a maximum per day for parking fees?
A: Rule 134.110 do not provide for parking expenses. Only mileage, food and lodging are eligible for reimbursement under this rule.
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