Typically, temporary disability ends once an injured worker is declared permanent and stationary, his or her benefits have reached the statutory maximum, or he or she returns back to work in some capacity, either at a regular position or a modified position.
If a medical examiner indicates that an injured worker’s condition has reached a permanent and stationary status (maximum medical improvement), meaning the condition has plateaued for a reasonable period and the injured worker is not getting any better or worse, the employer can terminate temporary disability effective the date the individual reached a permanent and stationary status.
Similarly, if the individual is able to return back to work in some capacity, either to full duties or modified duties, then the employer/insurance carrier can terminate the individual’s benefits assuming the employer can take the injured worker back in compliance with any restrictions.
Even if the injured worker is not permanent and stationary and has not yet returned to work, the employer/insurance carrier can still terminate temporary disability benefits once they have paid out the statutory maximum. What does statutory maximum mean? If an injured worker has an injury on or after January 1, 2008, temporary disability payments will stop once temporary disability reaches 104 compensable weeks within five years from the date of the injury.
At the time temporary disability is terminated, there are some conditions that require the employer/insurance carrier to initiate permanent disability benefits. However, those conditions vary from individual to individual.
If you have questions about your workers' compensation case and want to talk to an attorney in Fresno, call 559-408-7436 or fill out the form to the right.
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