Workers Compensation Newsletter 2017 – Quarter 3

Can a temporary transitional placement at a not-for-profit or similar employer be used to terminate TTD benefits when the injured employee has not reached MMI? The answer varies throughout jurisdictions so the team at Hennessy & Roach has provided what you need to know state-by-state below.

ILLINOIS

Yes, but qualified. Absent a contrary provision in a collectively bargained agreement, general principles of employment law permit an employer to make a temporary, reasonable assignment of an employee under restrictions to a different employer that can accommodate restricted duty. Please review the memo here.

MISSOURI

Yes, but qualified. Although Missouri Workers’ Compensation Statutes do not address this issue and to our knowledge, there is no current Missouri case law addressing the subject, we do recommend attempting it with certain qualifications. Please review the memo here.

INDIANA

Yes. Under Indiana law, TTD benefits can be terminated if the employee refuses light duty work at a not-for-profit or similar employer even if the employee has not reached MMI. Please review the memo here.

WISCONSIN

Yes. Under Wisconsin law, temporary transitional placement at a not-for-profit or similar employer may be used to terminate TTD benefits when the injured employee has not reached MMI, subject to certain limitations. Please review the memo here.

NEBRASKA

Yes, but qualified. The Nebraska Workers’ Compensation Act does not specifically address this issue, although the Act does encourage employer’s to accommodate an employee’s work restrictions whenever possible in an effort to return that employee to the work place. Please review the memo here.

IOWA

Yes, but qualified. Under Iowa law, if suitable work is not offered by the employer for whom the employee was working at the time of the injury, and the employee who is temporarily partially disabled elects to perform work with a different employer. Please review the memo here.

Kansas

Yes, but qualified. Kansas statutory law does not specifically address temporary transitional placement; however, a plain reading of the Kansas Workers’ Compensation Act does appear to limit the ability of the employer to terminate TTD benefits to situations in which the employers themselves can accommodate the work restrictions. Please review the memo here.