GQ Corner

Q. Q: Does TDI count the day the carrier received the claim to trigger the filing of the FROI-00 or the day after the receipt of the claim? Also, does TDI use business or calendar days to calculate the deadline?

A: For purposes of filing the FROI-00, Day 1 is the day after the document was received. The Division uses calendar days for counting, but if your last day/deadline falls on a weekend or a recognized holiday, then you have until the next working day to file. Rules 124.2, 102.5, and 102.3 are the controlling rules.

Q: I have a file where the claimant was working and found an unresponsive co-worker. He performed CPR as instructed by 911 dispatch. The claimant performed CPR until EMS arrived, at which time they could not get a pulse and the co-worker passed. The claimant states that since this incident, he has not been able to sleep due to thinking about the deceased employee and the situation in general.

My question is, do we have a possible psych claim due to these circumstances?

A: Yes, you have a potential mental stress claim due to this incident. The mental stress arises from a specific event occurring at a specific time and place while claimant was in the course and scope of his employment, provided the existence of a mental trauma injury and causation are proven by reliable medical evidence.