by: Andrew Smith
CHARLESTON, SC – TTD, or temporary total disability benefits, are weekly payments made by the workers’ compensation carrier to the Claimant in certain circumstances. These payments are typically made when an employee is placed out of work by an authorized medical provider. TTD can also be owed when the Employer cannot accommodate the Claimant’s light duty restrictions. As a workers’ compensation defense attorney, one of the most common questions I receive from adjusters is, “Can I stop TTD?” This question arises in many different scenarios. For example, TTD can be terminated within 150 days of the date of accident if the Claimant returns to a suitable light duty job with the Employer. The problem with the question, however, is that South Carolina law has established different requirements for terminating TTD depending on the circumstances of the claim
To begin, an SCWCC Form 15-I must be filed when TTD benefits are initiated. If still within 150 days of notice of the accident, then the carrier can unilaterally terminate TTD—i.e., without the Claimant’s consent. To do this, the carrier must complete and file a Form 15-II. The Form 15-II must check the box of one of the six grounds to stop TTD. These six grounds include: (1) the Claimant returned to work for at least fifteen days and no TPD is due, (2) the Claimant agrees that he or she is able to return to work and signs a Form 17, (3) based on a good faith investigation, the claim is denied, (4) the Claimant was released to full duty and full duty work was offered by the Employer, (5) the Claimant was released at light duty and light duty work was offered by the Employer, or (6) the Claimant has refused authorized medical treatment or evaluation. While most of these grounds are self-explanatory, it is critical to investigate the merits of the claim quickly in the event that ground #3 is appropriate. Regardless of the basis of the termination of TTD, the Form 15-II must be filed immediately, and the Claimant must be served with a copy of the same.
When beyond 150 days from the date of accident, there are different procedures required in different circumstances for terminating TTD. For example, if the Claimant returns to work at full duty or light duty for the Employer, then the carrier can suspend TTD. Once TTD is suspended, the carrier must obtain and submit a signed Form 17 from the Claimant in order to terminate TTD. If the Claimant refuses to sign the Form 17, then the employer/carrier’s representative must file a Form 21 to seek Commission approval of the termination. In another example, if a Claimant reaches MMI while on TTD, then the carrier must continue TTD until the Claimant either signs a Form 17 or until the Commission can rule at a hearing on the termination of TTD. Although these examples are not exhaustive, they represent two of the most common scenarios regarding TTD termination.
*****This article is for information purposes only and does not constitute legal advice. If you have specific question about properly suspending or terminating TTD, or if you need other legal assistance related to SC Workers’ Compensation Defense, reach out to Andrew Smith at [email protected] or 843.284.1087*****