Greetings, my Tip last week prompted several questions regarding transportation to and from work when the doctor assigns a work restriction of “no driving”.

Unfortunately, there does not appear to be a 1^st DCA case on the issue.

The first thing that should be done when you get a no-driving restriction is confirm with the doctor the intent of the restriction.  Many times the doctor simply means no commercial driving or driving for work.  This would not affect their commute.

If it’s a medication issue with driving, see if the doctor will specify the times of day the claimant can take the medication to allow him to commute to work.

If the doctor abides by the no driving restriction, then you have to decide how to handle Temporary Partial Disability.  In Orlando, the JCC’s have ruled we do not owe TPD if the claimant is able to commute using our bus system.  Alternatively, if the claimant lives outside the city in a more rural locale or the employer location is not accessible with public transport, then the JCC’s have ruled we do owe TPD.  The rationale is that the accident is the MCC of the no driving restriction, therefore the accident is the MCC of the loss of earnings.

That’s just Orlando, other venues may handle differently.

Providing transportation through one of the vendors is always an option, but it may be more expensive than TPD depending on the distances.  Another alternative is to see if there is a co-worker that the claimant can carpool with to and from work.

Each case really has to be viewed separately, but just some tips on how to handle them in general.

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If you are attending the WCI Florida WC conference later this month, here is a flyer with our events and stuff.

Thanks,

Sincerely,
Morgan Indek | Partner