Greetings,

Last week I had a few questions in regard to missing time from work for doctor/therapy appointments, and whether that we could possibly owe TPD for that time.  Apparently there was some industry article that implied we did not owe TPD for time missed for doctor appointments.

Well….attached is a 2008 Federal FLSA Wage and Hour claim out of Missouri, which basically says if a claimant misses time for doctor/therapy appointments, and if WC doesn’t pay, the Employer does have to pay wages.  Yes this would apply to Florida employment law since it’s a Federal issue, if we didn’t pay in WC.

I’ll address a claimant playing games below, but in general, if you think about it, the MCC of the loss of earnings is the accident.   That’s why they are going to the doctor to begin with, so it does make sense.  And it does include reasonable travel time per the case.

Now, many times I hear of claimants scheduling PT during work time, and/or skipping out on the rest of the day.  If you can schedule it outside of the work schedule then do so, but if its not available outside of the work schedule, then we must allow it.  With doctor’s visits, we are often at the mercy of the doctor.  If it becomes an issue with PT, see if there is another facility within a reasonable distance with the hours available you need.

So, basically someone has to pay for the missed time, either the Employer as wages or WC Carrier as TPD.

Thanks, and let me know if you have any questions.

Sincerely,
Morgan Indek | Partner

---