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?

No.  In Missouri, there is no formal or recognized salary continuation program and the Division of Workers’ Compensation does not recognize salary continuation for credits toward TTD benefits paid.  The courts have insinuated that if an employer makes continued salary payments, and those payments are specifically identified as payment toward TTD benefits or lost time for work injury, then the Employer may be entitled to a credit.  But there is no case law specifically holding that a credit shall apply. Please see memo here.