Greetings, while it does not come up that often, there are “other” Temporary Total Disability benefits in the FL WC statute. These are Cat TTD, Rehab TTD, and TTD while being trained in the use of a prosthetic.
- Catastrophic TTD is in 440.15(2) (below), and requires the carrier to pay 80% of the AWW, instead of 66 2/3%, for a period of 6 months if the claimant suffered any of the listed catastrophic injuries (loss of arm, leg, hand, etc… ). Note, the scale of horrible catastrophic injuries is different than the list of horrible injuries warranting PTD. Why? Don’t ask me, but check the list in the statute to make sure the injury qualifies for Cat TTD. Couple of other nuances, in this instance, the maximum comp rate does NOT apply; “compensation provided by this paragraph is not subject to the limits provided in s. 440.12(2)”. The 6 months of Cat TTD does count as part of the overall bucket of 260 weeks, and after 6 months, the claimant’s TTD rate reverts to the basic 66 2/3%, and is subject to the max CR.
- Rehab TTD is in both 440.15(c) and 440.491. Basically, after MMI, if a claimant applies to the Division of WC for retraining and is accepted into a training of education program, the carrier has to pay 26 weeks, with potentially up to 52 weeks. The first 26 weeks are automatic, a JCC can award up to 52. The claimant has to be accepted via the the Division’s program, not just enrolling in a school or a program on their own. The Division does not accept many claimants due to a limited budget, but arguably it is a defense to a potential PTD claim. They are retrained and qualified for a job within their restrictions. Rehab TTD weeks count towards to the overall bucket of 260 weeks.
- The statute also provides that TTD “shall include such period as may be reasonably necessary for training in the use of artificial members and appliances” in 440.15(2)(c).
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Here are the statute sections and let me know if you have any questions as always.
440.15 (2) TEMPORARY TOTAL DISABILITY.—
(b) Notwithstanding paragraph (a), an employee who has sustained the loss of an arm, leg, hand, or foot, has been rendered a paraplegic, paraparetic, quadriplegic, or quadriparetic, or has lost the sight of both eyes shall be paid temporary total disability of 80 percent of her or his average weekly wage. The increased temporary total disability compensation provided for in this paragraph must not extend beyond 6 months from the date of the accident; however, such benefits shall not be due or payable if the employee is eligible for, entitled to, or collecting permanent total disability benefits. The compensation provided by this paragraph is not subject to the limits provided in s. 440.12(2). If, at the conclusion of this period of increased temporary total disability compensation, the employee is still temporarily totally disabled, the employee shall continue to receive temporary total disability compensation as set forth in paragraphs (a) and (c). The period of time the employee has received this increased compensation will be counted as part of, and not in addition to, the maximum periods of time for which the employee is entitled to compensation under paragraph (a) but not paragraph (c).
(c) Temporary total disability benefits paid pursuant to this subsection shall include such period as may be reasonably necessary for training in the use of artificial members and appliances, and shall include such period as the employee may be receiving training and education under a program pursuant to s. 440.491.
440.491(6) TRAINING AND EDUCATION.—
(a) …….The department may expend moneys from the Workers’ Compensation Administration Trust Fund, established by s. 440.50, to secure appropriate training and education at a Florida public college or at a career center established under s. 1001.44, or to secure other vocational services when necessary to satisfy the recommendation of a vocational evaluator……
(b) (b) When an employee who has attained maximum medical improvement is unable to earn at least 80 percent of the compensation rate and requires training and education to obtain suitable gainful employment, the employer or carrier shall pay the employee additional training and education temporary total compensation benefits while the employee receives such training and education for a period not to exceed 26 weeks, which period may be extended for an additional 26 weeks or less, if such extended period is determined to be necessary and proper by a judge of compensation claims. The benefits provided under this paragraph shall not be in addition to the 104 weeks as specified in s. 440.15(2)….
Sincerely,
Morgan Indek | Managing Partner