§214. Determination of partial incapacity








1. Benefit determination. 
While the incapacity is partial, the employer shall pay the injured employee benefits
as follows.





A. If an employee receives a bona fide offer of reasonable employment from the previous
employer or another employer or through the Bureau of Employment Services and the
employee refuses that employment without good and reasonable cause, the employee is
considered to have voluntarily withdrawn from the work force and is no longer entitled
to any wage loss benefits under this Act during the period of the refusal. [1995, c. 560, Pt. G, §23 (AMD); 1995, c. 560, Pt. G, §29 (AFF).]











B. If an injured employee's date of injury is prior to January 1, 2013 and the employee is employed at any job and the average weekly wage of the employee is less
than that which the employee received before the date of injury, the employee is entitled
to receive weekly benefits under this Act equal to 80% of the difference between the
injured employee's after-tax weekly wage before the date of injury and the after-tax
weekly wage that the injured employee is able to earn after the date of injury, but
not more than the maximum weekly rate of compensation, as determined under section
211. [2011, c. 647, §10 (AMD).]










B-1. If an injured employee's date of injury is on or after January 1, 2013 and the employee
is employed at any job and the average weekly wage of the employee is less than that
which the employee received before the date of injury, the employee is entitled to
receive weekly benefits under this Act equal to 2/3 of the difference, due to the
injury, between the employee's average gross weekly wages, earnings or salary before
the injury and the average gross weekly wages, earnings or salary that the employee
is able to earn after the injury, but not more than the maximum weekly rate of compensation,
as determined under section 211. [2011, c. 647, §11 (NEW).]










C. If an employee is employed at any job and the average weekly wage of the employee
is equal to or more than the average weekly wage the employee received before the
date of injury, the employee is not entitled to any wage loss benefits under this
Act for the duration of the employment. [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]











D. If the employee, after having been employed at any job pursuant to this subsection
for 100 weeks or more, loses that job through no fault of the employee, the employee
is entitled to receive compensation under this Act pursuant to the following.



(1) If, after exhaustion of unemployment benefit eligibility of an employee, the
employment since the time of injury has not established a new wage earning capacity,
the employee is entitled to receive compensation based upon the employee's wage at
the original date of injury.






(2) If the employee has established a new wage earning capacity, the employee is
entitled to wage loss benefits based on the difference between the normal and customary
wages paid to those persons performing the same or similar employment, as determined
at the time of termination of the employment of the employee, and the wages paid at
the time of the injury. There is a presumption of wage earning capacity established
for any employments totaling 250 weeks or more.






(3) If the employee becomes reemployed at any employment, the employee is then entitled
to receive partial disability benefits as provided in paragraph B. [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]














E. If the employee, after having been employed at any job following the injury for
less than 100 weeks, loses the job through no fault of the employee, the employee
is entitled to receive compensation based upon the employee's wage at the original
date of injury. [1991, c. 885, Pt. A, §8 (NEW); 1991, c. 885, Pt. A, §§9-11 (AFF).]








[
2011, c. 647, §§10, 11 (AMD)
.]








2. Notice to Bureau of Employment Services. 
An insurance carrier or self-insurer shall notify the Bureau of Employment Services
of the name of any injured employee who is unemployed and to whom the insurance carrier
or self-insurer is paying benefits under this Act.


[
1995, c. 560, Pt. G, §24 (AMD);
1995, c. 560, Pt. G, §29 (AFF)
.]








3. Priority. 
The Bureau of Employment Services shall give priority to finding employment for
those persons whose names are supplied under subsection 2.


[
1995, c. 560, Pt. G, §24 (AMD);
1995, c. 560, Pt. G, §29 (AFF)
.]








4. Notice of refusal; termination of benefits. 
The Bureau of Employment Services shall notify the board in writing of the name
of any employee who refuses any bona fide offer of reasonable employment. Upon notification
to the board, the board shall notify the insurance carrier or self-insurer who shall
terminate the benefits of the employee pursuant to subsection 1, paragraph A.


[
1995, c. 560, Pt. G, §24 (AMD);
1995, c. 560, Pt. G, §29 (AFF)
.]








5. Reasonable employment defined. 
"Reasonable employment," as used in this section, means any work that is within
the employee's capacity to perform that poses no clear and proximate threat to the
employee's health and safety and that is within a reasonable distance from that employee's
residence. The employee's capacity to perform may not be limited to jobs in work suitable
to the employee's qualification and training.


[
1991, c. 885, Pt. A, §8 (NEW);
1991, c. 885, Pt. A, §§9-11 (AFF)
.]





SECTION HISTORY

1991, c. 885, §A8 (NEW).
1991, c. 885, §§A9-11 (AFF).
1995, c. 560, §§G23,24 (AMD).
1995, c. 560, §G29 (AFF).
2011, c. 647, §§10, 11 (AMD).