Workers Comp Question from IA

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Latest post 11-06-2009 9:28 AM by stevepsca. 1 replies.
  • 11-06-2009 6:08 AM

    Workers Comp Question from IA

    I just have a few questions about workers comp. I have been diagnosed with a torn tendon in my ankle that I had turned in for W/C in Aug 2009. I was working 45-50 hours a week and I am now down to 35 on Dr's orders. Is the W/C insurance supposed to cover the other 5 hours I am losing due to my Case Manager dragging her feet for the last 3 months getting my case approved? Is there any leagle time limits they have to approve or decline a claim in IA?

  • 11-06-2009 9:28 AM In reply to

    Re: Workers Comp Question from IA

    IA WC code is here http://www.legis.state...

     

    IA does provide for TPD/Temp Partial Disability benefits...

    4.  If an employee is entitled to temporary partial benefits under subsection 3 of this section, the employer for whom the employee was working at the time of injury shall pay to the employee weekly compensation benefits, as provided in section 85.32, for and during the period of temporary partial disability. The temporary partial benefit shall be sixty-six and two-thirds percent of the difference between the employee's weekly earnings at the time of injury, computed in compliance with section 85.36, and the employee's actual gross weekly income from employment during the period of temporary partial disability. If at the time of injury an employee is paid on the basis of the output of the employee, with a minimum guarantee pursuant to a written employment agreement, the minimum guarantee shall be used as the employee's weekly earnings at the time of injury. However, the weekly compensation benefits shall not exceed the payments to which the employee would be entitled under section 85.36 or section 85.37, or under subsection 1 of this section.http://www.leg...

    However... in order to be paid TPD, your treating physican must provide restrictions or certify your eligibility of the payment. You on your own cannot adjust your hours worked....there must be a medical reason. You must also show that the overtime you are working is usual and customary, that your AWW/Average Weekly Wage over the prior 52 weeks supports your claim to TTD/TPD benefits. Meaning, the o/t must be something that is ongoing, and not sporadic at the time you were injured. ALSO... if you are a maximum wage earner, that you are receiving the max TTD rate, you won't be eligible for any additional due to the O/T.

    Claims for industrial injuy in IA are presumed accetped... http://www.legis.state...

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