Temporary Partial Disability


Repeat after me: Send them the forms.  Send them the forms.  Send them the forms!!!

What forms, you ask?  Why the DWC-19 forms, of course!  DWC-19 forms are the wage loss forms that Claimants must complete (under penalty of perjury) indicating to the Carrier that she is not earning any wages or less than 80% of her AWW and is entitled to temporary partial benefits.

An E/C does not have to pay TPD benefits until it receives the completed DWC-19’s forms from the Claimant.  However. . . alot of E/C’s forget to send Claimant the forms.

Let this case be a lesson . . . (more…)

I’ve written extensively on TPD, ever since the Toscano decision.  You can read some of my earlier posts here and here.

But, now with the help of Black Bear Insurance Agency, and FloridaWC.com, I have an actual live discussion about TPD for you.

Once again, FloridaWC.com is a great resource for employers.  For those employers seeking information about WC law and insurance you can check their website here.

After the release of the Toscano decision (see my analysis here), there has been a mad rush to judgement among the Claimant’s bar and the defense bar.  And neither side seems rational.  For a case that was supposed to clear the air over TPD entitlement, Toscano has had the opposite effect.  Claimant attorneys now assume they just show up at trial and win TPD, and Carriers don’t even bother to document the times a Claimant refuses reasonable light duty employment. 

For me, the case was a simple, legal primer on what the burdens of proof and defense for TPD.  While, the specific ruling–an E/C cannot rely on a lay off to account for its defense–is bad for the defense, I think the case is helpful in assessing exposure and whether a solid affirmative defense exists.  For all the hoopla, Toscano stands for the old standard of “casual connection.”   It seems the entire W/C forgot that.

Now, there is a case where the First DCA affirms the established standard of “casual connection.”

(more…)

Count temporary partial disability (TPD) along with the 5-day rule and the statute of limitations, as an area the First DCA wants to clarify.   And, clarify they did. 

With many Florida employers shedding jobs over the last three years due to the current econmoy, the question of TPD entitlement is becoming an ongoing debate among the defense and Claimant’s bar.  How do you connect Claimant’s wage loss to the compensable injury when the reason for wage loss is the economy?

With Wyeth/Pharma Field Sales v. Toscano, we now have a definitive ruling on the matter. (more…)