2018 Workers Compensation Newsletter - Third Quarter

In an otherwise compensable workers’ compensation case, is an employer permitted to use salary continuation and can payments of it serve as a credit against TTD obligations?

 

Yes. Under 8(j) 2 of the Act, so long as the payments an employee receives are limited to occupational related disabilities – not a benefit the employee would be entitled to irrespective of the occupational related disability – the employer will receive a credit for each payment made, but only to the extent of the compensation that would have been payable during that period. Please see memo here.