[LDFARR]

Even though I am in Okla., the work comp insurer is in Texas. I asked how it all works and was told for first 7 days would not be compensated at all. I asked "I thought in Oklahoma it was 3 days". She said no it is a week. So, being my earnings are much more than the weekly maximum weekly amount allowed, I talked to Superior at work to see what could do so did not lose over a thousand dollars in wages. He told me that I could use my PAT time and vacation time to avoid that loss. So, thats what I did. I had worked 3 days before surgery on Friday.(week is Tues-Mon) so I used 2 PAT days to make me whole for that week. The next week I used the remaining 3 PAT days and 2 vacation days to make me whole for the week. Surgery was Feb 8 . On the 19TH comp case worker called and asked what was first day I missed work. Told her Fri-Feb,8. She said well then we need to pay you beginning the 11th. (which is only 3 days and not a week) I immediately told her what I had done so far as my PAT and vacation time. She was mad and said she had to pay me and was issuing the check as we spoke,and what I did with the check was between me and my company,and added she was going to send an e-mail to my company stating as such. With-in a couple days I got not one but 2 checks in the mail ,each for a week.(@$577 each). Now mind you I was talking to her on 2-19-08 and had told her I fully expected to be released the next day(2-20-2008) to return to light duty. And I was. She has since not communicated with me at all except to send 2 more checks. My supervisor said "cash them" when I asked him what to do.

I don't want to do the wrong thing here,what do you think? I am in OKLAHOMA

Thank You for any help

[4eyedbuzzard]

[I'm assuming you work in OK, and just the insurer is located at an address in TX] You might want to contact the OK Dept. of Labor and ask a counselor. The insurer has to pay within time limits imposed by law if they accept a claim(which it seems they did). And you may be due benefits to make up for any wages lost after returning to work light duty by not being able to work OT, etc. Most states have provisions for paying a portion of the difference between your average weekly wage prior to the injury and your reduced income due to "light duty" restrictions.

OK Dept of Labor: 405-522-8760 or toll-free at 800-522-8210

[LDFARR]

Thanks for the response.

However my query was what to do with the checks ?

[4eyedbuzzard]

Your's is a strange situation. Normally in WC cases, once an employee is paid, benefits can't be terminated until the employee returns to work at his prior earnings(some states recognize average weekly wage, some have a 40 hour/no OT base wage cap) or there is an eligibility hearing. But according to your post, they keep sending you checks even though you returned to work(I'm assuming at your prior earning capacity). Unless the checks represent a compensation payment based upon the difference in your pre injury to post injury pay, they are undoubtably an error by the insurer. And no, you don't want to spend any of that money that is not leaglly yours.

If you can get in writing a statement from the WC insurance company to cash them go ahead. But I couldn't recommend you spend any of that money until you are sure you are legally entitled to it. Call the insurer.

[LDFARR]

Maybe you misunderstood my question. I know there is no doubt about the last two checks sent. And they will not be cashed.

The issue lies with the first check and the second check.

She said that "You cant do that !" when I told her that I had already used my PAT and vacation time to make my pay whole. She said I can't do that and then she said "we have to pay you!" and she then said she was issuing the check as we spoke.

A few days later I got 2 separate checks in the mail from her that were issued that day (2-19-08) even though I told her I expected to be released to return to work when I saw the doctor on the 20th. And I was correct.

So what should I do with the first checks?

[LDFARR]

Question was answered by my employer.............cash the checks. will not use the funds for the last 2 checks and called comp carrier to stop sending checks .

Thank You