NOVEMBER
2004
QUESTION OF THE MONTH
Q.
If an employee returns from a disability
absence and then goes out again
because of the same disability condition, do we continue
the old disability claim
or start a new one?
A. The
disability unit of the Workers’ Compensation Board
uses three (3) months
as a guide when determining whether an old claim is continued
or a new claim
started.
So if an employee returns to work for less than three months
and goes out
again due to the original disability condition, you simply
continue the original
claim. There is no new waiting period so the insurance carrier
picks up the
disability payments where they left off when the employee
returned to work the
first time. Also, a new disability form does not even have
to be filed; a medical
report to the insurance carrier is sufficient to re-start
the claim.
On the other hand, if the employee has been back to work
for more than three
months, and goes out again due to the original disability
condition, a new claim
should be initiated with a new waiting period and new disability
claim forms.
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