Temporary Total Disability (“TTD”) means that you are totally disabled from working but the nature of your disability is temporary in nature. Temporary Partial Disability (“TPD”) means that you are partially disabled but the nature of your disability is temporary as well. For instance, you have knee surgery due to a work injury. Your doctor may put you on a no-work status for 30 days while you recuperate and attend physical therapy. Your disability is total (can’t work) but it is temporary in nature, since it is not expected to last the rest of your life, and you will receive TTD benefits. After 30 days, your doctor releases you to work with restrictions, such as not climbing ladders or standing for more than 2 hours. The doctor’s restrictions means you are partially disabled (since you cannot do any work that requires you to climb ladders or stand for more than 2 hours but you could do other work) but it is also temporary in nature, since the doctor may lift all restrictions after you recuperate, depending on the outcome of your surgery. During this time of restricted work, your employer may offer you a job that accommodates your restrictions, and you would be entitled to draw TPD benefits if the amount you are earning is below the average weekly wage you earned prior to your injury. If your employer does not have a restricted job for you, you will continue to receive TTD benefits but your employer may file form WC-104 to convert your benefits from TTD to TPD in 52 weeks (1 year) after the form is filed.
If your employer does not have a job that accommodates the restrictions imposed by your doctor, then you will continue to receive the same weekly income benefits. However, your employer or the insurer may file form WC-104 notifying you that your right to receive income benefits will be reduced from 400 weeks to 350 weeks in 52 weeks (1 year) from when the form WC-104 is filed and that the maximum amount you are allowed to receive will be reduced from $575 to $383 per week. If you are already receiving less than $383 in weekly income benefits, then the amount would remain the same. These maximum amounts are effective for injuries taking place on or after July 1, 2016.
You are entitled to receive income benefits for as long as your treating doctor says that you cannot work, up to a maximum of 400 weeks. If your claim is designated as catastrophic, then then you are entitled to receive income benefits for the rest of your natural life. However, there is a rebuttal presumption at age 65 that the employee would have retired anyway, which the insurer may use to attempt to end benefits.