Q: What happens if you're fired after 10 months of worker's comp benefits(med & $) for misconduct?
My husband was injured on the job back in 10/2016 and is currently receiving medical treatment and partial income supplement (he was recently released to work light duty with over time and they reduced his payments). Yesterday he had a random drug and alcohol screening. He violated company policy by having a BAC of a .023. The policy states bac has to be under. 019. His supervisors stripped him of his company vehicle and he told to come in today for find put what reprimand would happen. He was terminated. So our question is will he continue to receive the money benefits even though he was terminated for misconduct? How would the monetary benefits work if he were able to find new employment? We are unsure if he could find new employment because of the severity of his back injury and his inability to pass work physicals. Thank you for your time.
A: Because he was terminated for cause he will lose entitlement to TIBs unless something changes with respect to his disability. If he is being paid IIBs (probably not b/c you mentioned his benefits were reduced bc he was earning wages) he should continue receiving those benefits b/c they are payments for permanent impairment benefits (IIBs) for damages to his body. You may want to ask DWC to appoint a DD to certify MMI and assign IR so that his benefits will continue. Good luck.
A: Sorry I did not mention, medical benefits continue and are not affected.
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