BWC Revises Forms Needed for Temporary Total Disability Benefits

On July 6, 2012, the Administrator for the Bureau of Workers’ Compensation (BWC) announced that new versions of the MEDCO-14 and the C-84 had been completed and are available for use.  More importantly, the Administrator announced that as of August 17, 2012, the BWC would no longer accept the former versions of these forms from claimants and providers.  The C-84 form is used to request temporary total disability compensation.  The new version only requires information from the injured worker.  The former version also had a section for the provider to sign.  In the new forms, the provider only signs the MEDCO-14.  The MEDCO-14 is titled the “Physicians Report of Work Ability.”

The new forms require a greater amount of detail from both the injured worker and providers.  As such, there are certainly possible issues with compliance that could arise.  Instructions for the MEDCO-14 indicate that failure to provide complete detailed information may delay or suspend compensation payments for the injured worker.  Thus, there is a possibility that the injured worker could be denied temporary total disability benefits because his or her provider did not complete the appropriate form or provide sufficient information.  These are matters clearly outside the control of the injured worker.  The instructions, however, note that the physician need not complete the form with every office visit but can merely indicate on the MEDCO-14 that the injured workers conditions have not changed since the submittal of the previous MEDCO-14.  Also, a provider can utilize their own document so long as it provides the data listed on the MEDCO-14 from the BWC.

The more challenging aspect of these forms is clearly the C-84.  It requires much more detailed information from the injured worker as to their capabilities and the essential functions of their former position of employment.  It also asks the claimant to provide information on opportunities for them to return to work in light duty or other positions with their current employer.  There is also a section which requires the claimant to identify any current income.  The form also asks to the injured worker to identify the period of disability for which they are seeking benefits.

It is assumed that if that disability period is extended, a new form would have to be provided. The instructions specifically state that the injured worker must complete this form every time they makea request for an initial period of temporary total compensation or an extension of an existing period of disability. It will be interesting to see if the BWC intends to deny temporary total disability benefits if the injured worker has not completed the entire form.