Q: I have been on WC for a year from a severe shoulder injury which required surgery to repair and now requires additional
Surgery. My compensation package included full medical dental and vision which I have now lost because the length of time recovery is taking. The value of these benefits is $374.70 weekly. Am I not entitled to additional WC benefits due to this loss of this. My weekly benfits are presently well below state maximum.
A: Certainly you are entitled to an adjustment of your TIBs. If the employer was paying for the insurance to comply with COBRA rights or for any other reason and at some point it stops paying, you are then entitled to an adjustment of your AWW. For example, say you were making $500 a week (each week for 13 weeks prior to your injury) and the employer continued your insurance (worth $50 a week) for 16 weeks and then stopped. On the 17th week your TIBs should be adjusted to reflect the additional $33.33 ($50 x.66%) per week you are not receiving. I hope this helps. Good luck.
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