In Platinum v Collings, 988 NE 2d 1153 (Ind. Ct. App. 2013), the Indiana Court of Appeals recently ruled that an injured employee may be awarded worker’s compensation benefits even if the employee had received unemployment benefits during the same period of time.
In Platinum, an injured employee, still suffering pain from a work-related accident, applied for and received unemployment, while at the same time receiving TTD benefits. His employer argued that since the employee accepted unemployment, he was representing that he was able to work, thus terminating TTD benefits.
However, the Court held that TTD is due when the injury causes the employee to be unable to do work of the same character and nature, and that unemployment is available if the employee can do any work.
Therefore, it is possible to be eligible for both benefits at the same time. The Court stated further, however, that the employee may only receive one. As such, the Court in Platinum held that the employee was entitled to TTD benefits minus amounts paid for unemployment.
For more information, please contact Indiana worker’s compensation defense attorney Steve Lavallo at SLavallo@KDDK.com or (812) 423-3183.
About the Author
Stephen S. Lavallo, a partner at Evansville law firm Kahn, Dees, Donovan & Kahn, LLP, has more than 25 years’ experience in the practice of worker’s compensation defense, business, real estate, and estate planning and administration law; and is a certified civil mediator. For more information Indiana’s Worker’s Compensation Act or any similar area of law, contact Steve at (812) 423-3183 or SLavallo@KDDK.com, or contact any member of the KDDK Worker’s Compensation Defense Practice Team.
