In a recent Workers’ Compensation Board case, the Board found that an insurance carrier was not entitled to stop payment of temporary total disability after an attending physician released the injured worker to light duty, and claimant returned to school after resigning her position.
The Board explained that the critical time for determining whether not somebody is a member of the work force is at the time they are disabled. As a matter of law, the Board found that a claimant does not withdraw from the work force if they are receiving temporary total disability benefits resulting from an injury that disabled the worker from returning to her job.
In this case, the injured worker had been released to a light-duty job. However, the employer never made a formal offer for the light duty job. Because the injured worker had not been given the opportunity to accept or deny the job offer, there was no basis for termination of disability benefits.
We help injured workers' make sure that they are getting all the benefits they deserve, including time loss. If you have an issue concerning time loss, give us a call at 503-325-8600. We answer questions like this every day.