General Guidelines for Temporary Partial Disability Computations
- Part-time employees
----Use actual wage at the time of the injury, NOT THE EXPANDED
WAGES, to compute the wage loss. There is an exception when there
are two jobs involved. Call us at (608) 266-1340.
TTD & TPD in the same week -- Figure the entire week
as a week of TPD. The amount of earnings to enter will be the
amount earned from the employer. Do not enter any TTD paid
amounts. If there are days worked and TPD due in the same week, the
entire week is then figured as TPD. The earned amount is only the
earnings paid by the employer for the days worked in the week.
Time off with pay by employee's choice; holiday
during the week of TPD should be added to the amount earned before
calculating wage loss. However, vacation pay is an earned fringe
benefit and does not relieve the employer from any obligation to pay
temporary disability benefits. Therefore, do not add vacation pay
into the earnings column when performing TPD calculations. Rather,
compute the loss based on work available. For example, if
a person took 8 hours of vacation on a particular day, but 4 hours
of work was available, then use the 4 hours available as work
offered, but declined.
Availability of restricted employment during the healing period
If an employer
provides work at a lower wage than the wage earned at the time of
the injury, the employee who fails or refuses to accept such offer
remains entitled to TPD benefits based on his or her proportional
wage loss had he/she accepted the work. However, if the employer can not or does not make restricted
work available, the employee remains entitled to TTD until work is
available or an end of healing is reached, whichever occurs first.
- Plant (employer)
shutdown in accordance with a collective bargaining agreement
(reference s.102.43(8)(b). e.g. vacation, model changeover etc. If
no work is available to the employee, TPD continues as it did before
the plant shutdown. If the shutdown is not in accordance with a
union contract or there is a general layoff situation, TTD is paid
for the weeks of the shutdown or layoff.
- Escalation per 102.43(7)
-- If there is a renewed period of TTD or TPD more than 2 years
after the injury date, the escalated rate should be used in column 8
on the TPD supplement form (WKC-7359-E).
However, the weekly wage at the time of the injury (column 5 on the
TPD supplement form) remains the same. If there have been
continuous TTD and/or TPD benefits, there is no escalation. The
employee must have returned to work for at least 10 days preceding
the renewed period for the escalation to take effect.
- Swing Shift Employees - The Department
considers the entire swing shift period in determining if there is
any wage loss for compensating TPD during the healing period .
Trusdale v.Curwood, Inc., WC Claim No. 2008013039
(LIRC Dec. 28, 2009).