Legal Question in Workers Comp in Florida
Worker's Compensation Pay from WC Ins. Co.
After my husband had surgery after a worker's comp injury and went back to work-the doctor told him he could not lift any weight or use his left arm so his company sent him home and told him to call when the doctor released him to use his arm. The worker's comp. insurance company is saying that he is entitled to be reimbursed pursuant to the 80-80 rule as this is considered light duty, even though the company won't let him work light duty, and not for his average weekly wc wage. Is that correct or is he entitled to the full average weekly wage?
1 Answer from Attorneys
Re: Worker's Compensation Pay from WC Ins. Co.
If the doctor released him to return to work in some modified duty capacity then the 80/80 rule does apply.(80/80 rule: 80% of the difference between 80% of his average weekly wage and the amount he is able to earn). In comparison, if placed in a "no work" status then he is entitled to receive 2/3 of his average weekly wage. Caution!!! the phrase "is able to earn" is very tricky and provides the ins. co. with a sneaky defense. Even if your employer claims it has no work within your restrictions, each week you should be looking for work within your doctor's restrictions. That way you can prove that your ability to earn was zero. Otherwise the ins co could claim that you could have earned $X if only you would have tried to look for work, then as a result it may reduce or cut-off your benefits. I know, it makes no sense to look for work while you still have a job. However, very little about the WC law makes any sense. You need to do stupid things to show that you are worthy to receive the measly benefits. It might not be a bad idea to have a WC attorney review your case.
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