Temporary Partial Disability Benefits

[complwyr]

Steel, if your analysis is correct then Puzzled may be giving away about $130 a week in tax-free income. But Puzzled will probably need to lawyer up in order to get that money since the insurance carrier has apparently not offered it voluntarily. I know that is hard to believe (not). And, of course, I think the reduced hours would have to be due to the restrictions in order to qualify, but since I don't practice in GA I don't know that for sure.

Seems like for a possible $130 a week in tax free income Puzzled will surely want to spend the money to get a free consultation with a good work comp lawyer to find out if he or she really is missing out on that amount of tax free income.

[SteelMagnolia]

Steel, if your analysis is correct then Puzzled may be giving away about $130 a week in tax-free income. But Puzzled will probably need to lawyer up in order to get that money since the insurance carrier has apparently not offered it voluntarily. I know that is hard to believe (not). And, of course, I think the reduced hours would have to be due to the restrictions in order to qualify, but since I don't practice in GA I don't know that for sure.

Seems like for a possible $130 a week in tax free income Puzzled will surely want to spend the money to get a free consultation with a good work comp lawyer to find out if he or she really is missing out on that amount of tax free income.

AND you are as usual 100% correct Bob I get somewhat confused with the $334/wk cap. My situation consisted of my ER giving me one 9 hours shift/wk @$8/hr which entitled me to the full TPD amount at that time was $300/wk.

I do believe after further consideration that puzzled IS indeed entitled to that 2/3rd difference up to the $334 and what he is now making. Due to the fact that I did NOT encounter that same situation I think I am somewhat unclear about the way PTD is applied when working at a higher level of income. Thank you for putting that into perspective for me.

[complwyr]

Steel, if it works in GA the same way it does in NC, then you would get 2/3 of the difference between pre-injury AWW in the case, and what your gross weekly wage is each week when you return to work post injury, until you reach the limit on the number of weeks (either 300 or 500 in NC, depending on injury date).

The dollar amount of the 2/3 temp partial disability payment ("TPD") would be capped by whatever the maximum compensation rate happens to be. For example, in NC if your preinjury AWW = $600 and then you work one week and make $300 and then the next week you make $350, then the Temp partial payment is recalcuated for that second week due to the change in your pay. And in NC, we have a case that adjusts the pre-injury AWW if it was based on a lot of overtime, as compared to the post injury earnings. The first week in this example, you would get 2/3 of 600 - 300 and the second week, 2/3 of 600 - 350.

For all these reasons and others, it is hard for an injured worker in NC to get the insurance carrier to pay TPD sometimes, as the carrier only wants to pay the (less expensive) rating, and often a lawyer is required to get it done correctly. But in NC, it can add up to a lot of money over time. I imagine the same is true in Georgia.

[SteelMagnolia]

Steel, if it works in GA the same way it does in NC, then you would get 2/3 of the difference between pre-injury AWW in the case, and what your gross weekly wage is each week when you return to work post injury, until you reach the limit on the number of weeks (either 300 or 500 in NC, depending on injury date).

The dollar amount of the 2/3 temp partial disability payment ("TPD") would be capped by whatever the maximum compensation rate happens to be. For example, in NC if your preinjury AWW = $600 and then you work one week and make $300 and then the next week you make $350, then the Temp partial payment is recalcuated for that second week due to the change in your pay. And in NC, we have a case that adjusts the pre-injury AWW if it was based on a lot of overtime, as compared to the post injury earnings. The first week in this example, you would get 2/3 of 600 - 300 and the second week, 2/3 of 600 - 350.

For all these reasons and others, it is hard for an injured worker in NC to get the insurance carrier to pay TPD sometimes, as the carrier only wants to pay the (less expensive) rating, and often a lawyer is required to get it done correctly. But in NC, it can add up to a lot of money over time. I imagine the same is true in Georgia.

Thank You Bob. As always your expert opinion is certainly very HELPFUL to us lay persons. I feel like I have a VERY good handle on the WC statues in GA for the most part. However, due to my minuscule wages when I was offered that whopping one nine hour shift a week, and it only lasted for 7 months, I had NO real personal experience as to what happens when the wages earned IS at a higher level. I made so little in wages that I was still paid the cap for TPD at that time which was $300.00/week.

And YES had I tried to wing my case without the exceptionally wonderful, experienced, and wise AA I had, I would have most certainly came up well over $40K short compared what he was able to extract from the IC. By his knowing exactly how/when the TPD rules applied and NOT being at all fearful of going to trial he more than earned his fees, IMHO.

Although I firmly believe that every human being is expendable, for the most part, and replaceable with another. However, I feel very strongly that This Board WOULD be severely damaged were we to lose your participation and expertise, IMHO. Personally I feel like your donating your time helping IW's understand areas of the statues we get confused on, (or fail to even attempt to understand for a select few), is NOT something that just any other person could come in and fill what would be a horrendous void, again IMO. You seem to be the type of attorney that got into the field due to a passion for the work coming ahead of the potential income. So far as I am concerned, this world would be a much better place with more AA's like you in it Bob. As well as those in other arenas needing more "professionals" with an attitude like yours is.

Thanks again for clarifying this. Most respectfully yours, Steel