Workers’ compensation payments would continue during certain claim reviews

Temporary disability payments would continue until the later of a permanent-disability determination or the stated notice period. This applies to workers with permanent injuries covered by the listed injury schedule or by a loss-of-earning-capacity claim. For a scheduled-member injury, payments would continue until permanent impairment is determined. For a loss-of-earning-capacity claim, payments would continue until an earning-capacity evaluation is issued. Payments would cease when the extent of permanent disability becomes ascertainable, subject to the later-ending rule. The continuation would apply while the permanent-disability determination or earning-capacity evaluation is pending and until the later stated endpoint.

An employer would have to give 30 days’ notice before ending temporary disability payments and provide the evidence used to make that decision. This applies to employers ending temporary disability benefits for covered injured workers. If the employer relies on evidence from someone other than the treating physicians, the worker could seek an independent medical examination. The employer would pay for that examination. The worker would choose the independent medical examiner. The notice would be given at least 30 days before temporary disability payments end; the evidence copies would be provided when benefits are terminated.