Lost Wages After A Work Injury: New Law

On February 8, 2018, the Colorado Court of Appeals ruled on an issue regarding lost wages for an injured employee. The employee had a work-related injury which required numerous medical and physical therapy appointments. She did not have any work restrictions, though (such as limited lifting, standing, etc.) The injured worker lost a lot of money in wages because of attending these appointments during working hours. The worker’s compensation insurance company refused to pay the claimant for her missed time (Temporary Partial Disability Benefits) because she did not have work restrictions. After working its way through the courts, the case finally arrived at the Court of Appeals.

That Court held that even if an injured worker does not have work restrictions, if that worker has wage loss as a result of attending medical treatment for the injury, that worker is entitled to receive T.P.D. benefits. Montoya v. ICAO, (17CA0322.) This determination from the Court of Appeals is important because a claimant is not required to prove both medical incapacity and wage loss in order to establish “disability.” One or the other is enough.