§ 4-503. Temporary total disability.
A. When the worker is disabled from work duty as determined by the consulting physician, or in the Administrator’s discretion, the attending physician, by reason of a compensable injury or occupational disease, benefits shall be payable per state compensation levels.
B. Except as provided herein, such benefits will continue to be paid in accordance with the terms of this Act until which time the earliest of the following occurs:
1. The expiration of one hundred fifty-six (156) weeks from the date of injury, or in the case of an occupational disease or cumulative trauma, one hundred fifty-six (156) weeks from the earliest of the first manifestation of the symptoms or notification from the attending physician that the illness is inherent or related to the worker’s occupation;
2. The consulting physician, or in the discretion of the Administrator, the attending physician, declares that the worker has reached maximum medical improvement;
3. The claimant is incarcerated;
4. If the worker is released to modified/light duty work status, they must return to work if work is available. Benefits will not be paid unless this condition is met;
5. A new or intervening incident is the proximate cause of disability;
7. Presumption of MMI or abandonment of medical treatment as defined by Section 4-304 of this Title;
8. Suspension of benefits by the Administrator for reasons authorized in this Act or by the authority of the arbitrator(s) selected under Subchapter 8 of this chapter;
9. The worker’s earning capacity is reduced for reasons other than the disability from the work-related injury;
10. The worker dies from any cause not resulting from the injury for which he was entitled to benefits under this section, and the worker’s estate is not entitled to any further benefits as defined in this Act;
11. Soft Tissue Injury. In case of a nonsurgical soft tissue injury, temporary total compensation shall not exceed eight weeks. A claimant who has been recommended by the attending physician for surgery for a soft tissue injury may petition the Administrator for one extension of temporary total compensation and the Administrator may order such an extension, not to exceed sixteen (16) additional weeks, if the attending physician indicates that such an extension is appropriate or as agreed to by all parties. In the event the surgery is not performed, the benefits for the extension period shall be terminated. For purposes of this section, “soft tissue injury” means damage to one or more of the tissues that surround bones and joints. “Soft tissue injury” includes, but is not limited to: sprains, strains, contusions, tendonitis, and muscle tears. Cumulative trauma is to be considered a soft tissue injury. “Soft tissue injury” does not include any of the following:
a. Injury to or disease of the spine, spinal disks, spinal nerves or spinal cord, where corrective surgery is performed;
b. Brain or closed-head injury as evidenced by:
i. Sensory or motor disturbances
ii. Communication disturbances,
iii. Complex integrated disturbances of cerebral function,
iv. Episodic neurological disorders, or
v. Other brain and closed-head injury conditions at least as severe in nature as any condition provided in subsections (B)(11)(b)(i) through (B)(11)(b)(iv) of this section; or
c. Any total joint replacement.
In all cases of soft tissue injury, the worker shall only be entitled to appropriate and necessary medical care and temporary total disability as set out in this section, unless there is evidence that the ability of the worker to earn wages at the same level as before the injury has been permanently impaired. ONCA 12-76, eff. Oct. 1, 2012; ONCA 15-52, eff. Nov. 6, 2015.