At what point does retired worker become ineligible for PTD workers’ comp? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

At what point does retired worker become ineligible for PTD workers’ comp?

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in Employee Benefits Program,Human Resources

Q. If an injured worker has a catastrophic injury under Florida’s Workers’ Compensation Act and subsequently retires, does that mean the employee is not entitled to permanent total disability (PTD) workers’ compensation benefits?

A.
The answer depends on whether the employer and the insurance carrier can conclusively prove that, even with this catastrophic injury, the employee still had a substantial earning capacity following the employee’s date of reaching maximum medical improvement.

Simply assuming that an employee’s retirement should terminate PTD benefits is a mistake. But if the employee conclusively still possesses a substantial earning capacity although retired, the PTD benefits can be stopped.

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