Wage Continuation STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated Ohio Association of County Boards Serving People with Developmental Disabilities Personnel Council September 29, 2010

What is wage continuation? Under wage continuation, the employer pays the employee his/her regular wages after a workplace injury/illness occurs. These are wages paid to the employee in lieu of temporary total compensation.

When is wage continuation appropriate? An injured worker can choose to accept wage continuation unless a CBA states otherwise. The employer pays the injured worker wage continuation until either party terminates the payment. The employer cannot force an employee to use sick time during the wage continuation period.

Employer responsibilities with regard to wage continuation Injured worker must receive full check at next scheduled payroll after the injury or illness occurs (cannot wait for Industrial Commission determination). If Employer misses paying an injured worker at the scheduled time, the employer forfeits salary continuation rights; temporary total will begin with supporting medical evidence and signed request from injured worker.

Employer responsibilities with regard to wage continuation Must pay wage continuation when it is apparent that employee will miss eight or more days due to the work-related injury or illness (cannot wait until injured/ill worker has missed 14 days to pay the first 7 days). Payment of eight (8) or more days of salary continuation indicates a lost-time claim.

Employer responsibilities with regard to wage continuation No requirement to pay wage continuation if claim appears to be a medical-only claim. If employer pays wage continuation for less than eight (8) days, the claim remains medical only. If medical-only claim subsequently becomes lost time, employer must pay all days in order to qualify for wage continuation.

Employer responsibilities with regard to wage continuation Employer must notify BWC of desire to do wage continuation before BWC issues an initial determination decision. Employer cannot pay salary continuation once BWC has ordered temporary total compensation.

Temporary Total Compensation (TT) Provided to compensate an injured worker who is totally disabled from work on a temporary basis or a short period of time due to a work related injury or occupational disease. TT is generally the initial award of compensation paid to an injured worker to compensate for lost wages.

Permanent Total Disability (PTD) Injured worker has inability to perform sustained remunerative employment. To compensate the worker for impairment of earning capacity. Payable for life. Injured worker must have Industrial Commission exam and hearing to see if meets criteria.

Workers Compensation Injury and FMLA An employer may require that a workers’ compensation related absence for a serious health condition be counted toward the 12-week FMLA entitlement. See 29 C.F.R. § (d)(2).

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