- April 16, 2016
- Posted by: admin
- Category: Workers Compensation
Temporary Total may be paid despite an unemployment claim. The entitlement triggers for unemployment and temporary total are different.
1) Temporary Total must be unable to perform the duties of the pre-injury employment.
2) Unemployment: must be ready, willing and able to be gainfully employed.
An Employee can be ready willing and able to do some new career which will meet his new restrictions but still be temporarily unable to do his old job. If the employee is actively looking for new job while still under treatment for old job there is nothing inconsistent in asking for both benefits.But you must disclose to the insurance company immediately if it is your intention to collect both so that it does not look like you were trying to perpetrate a fraud by hiding the unemployment claim. When you do not make a full disclosure up front you open the door for the insurance company to argue you could have been working your old job. There is a huge amount of overlap between these definitions. Temporary Total does not require abject helplessness, and everyone is capable of some kind of work. The Workers Compensation Compensation Commission looks for an intent to game the system. I had a claimant whose claim was contested and was otherwise entitled to Temporary Total, but he was also looking for employment in easier jobs. He disclosed receiving unemployment, and we told the insurer. Although the insurer fought Temporary Total at the hearing, the Insurer did not strenuously fight my request that the Workers Compensation Compensation order Temporary Total be paid at the rate of the difference between unemployment and the Temporary Total rate. Be aware that, if a claimant pursues unemployment benefits, he might not be able to get Temporary Total , but you can try.Each Commissioner has their own interpretation of the law.