Earnings Ruled ‘Too Speculative’ for TPD

 

Earnings Ruled ‘Too Speculative’ to Determine TPD Benefits

  • An Illinois appellate court last week ruled that the state’s Workers’ Compensation Commission correctly determined that an injured worker’s proposed earnings were “too speculative” to require his employer to pay temporary partial disability benefits.
  • Peoria city maintenance worker Tim Menefee in January 2020 filed an application for adjustment of claim seeking benefits related to a left shoulder injury he sustained in a June 2019, accident.
  • While he was found entitled to temporary total disability (TTD) benefits from Jan. 20, 2021, through Aug. 30, 2021, he was not entitled to temporary partial disability (TPD) benefits from Aug. 31, 2021, through May 10, 2023, because his earnings from other work were too speculative.
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Colorado Sheriff Gets $1M WC Covid Award

  • A former Mesa County, Colorado Sheriff’s Deputy will receive just over $1 million after he contracted COVID-19 while on duty.
  • Travis Crawford contracted the virus in June 2021 while on duty at a county jail, and subsequently filed a WC claim, which was denied.
  • He sued and the county settled, giving him a cash payment of around $700,000, a $250,000 30-year annuity and money for a Medicare Set Aside.
  • Crawford had filed a bad faith claim against the county in connection with the denial of his workers’ compensation claim. Starr said the county had won a dismissal of the bad faith claim, but the settlement will prevent any appeal.
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