Workers' Compensation Discussion Forums

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+--- Thread: WC WAGE LOSS AND DISABILITY CHECK (/showthread.php?tid=15717)

WC WAGE LOSS AND DISABILITY CHECK - fielding - 06-16-2015

First, thank you to everyone who replies. I hope what I'm trying to say makes sense. My wife and I don't know what to do about this. Here we go. MY wife received her usual WC check, it came two days before she returned back to work at the place where the injury occurred, and was for a pay period ending two days before she went back to work. She didn't put the check in the bank, and went back to work. They had her scheduled for two days that week, she worked them. The following week she attended a workers comp hearing. The judge said to my wife, that since she has returned back to work, that she is not to cash any further checks from the insurance company for Wage loss and disability. My wife said, that she had one check at home. The judge said it didn't matter, because she had returned back to work, and then asked my wife to give her word that she wouldn't cash that check. My wife said yes, but shes having second thoughts about it. Shes also afraid that there might be repercussions if she does cash the check, and besides, she gave her word. But...... based on the criteria mentioned above, isn't she entitled to that check? It was issued about a month ago, and isn't void until November of 2015. What should we do?? Thanks to everyone for taking the time to read this and for any advice that they can offer.

RE: WC WAGE LOSS AND DISABILITY CHECK - coreall - 06-16-2015

If the check was for a period of time while she was off, I would have cashed it. Now if it were for a period of time after return to work then I would not have cashed it. It's as you say for a period before return to work by 2 days, I may be wrong but my opinion is that it's for time out of work then it's pay for such time.


what's the current status of the claim?
are any additional benefits pending?

it's really a matter of whether the disability benefits are due or not.
if it's an overpayment, it will be included as cost on the employers account.
like many such situations, it's a personal choice; if she finds a wallet or purse does she turn it in or not?
if she has additional disability benefits due - from permanent impairment -the overpayment can be deducted.
it sounds like the judge looked at the evidence and determined the payment was not due. it seems funny that the judge would not say what to do with the check and only what not to do with it.

also she can ask the employer since the amount will be reported as a cost of the claim.