Current through Register Vol. 48, No. 5, May 24, 2024
Section 67-502 - Words and Phrases, DefinedA. Day of incapacity: The day of the injury is the first day of incapacity unless the injured person receives full pay for the day. In that event, the first day of incapacity is the day following receipt of full pay from the employer.B. Disability: (1) Incapacity because of injury to earn wages which the employee was receiving at the time of injury in the same or any other employment.(2) Disability is presumed to continue until the employee returns to work or compensation is otherwise suspended or terminated according to Section 42-9-260.C. Fractional part of a week: For a fractional part of a week, the daily wage is one-seventh of the weekly wage.D. Return to work without restriction: A statement of the authorized health care provider about the capacity of the claimant to meet the demands of a job and the conditions of employment. The determination must be made when the claimant's physical condition is static or is stabilized with or without medical treatment. The determination is appropriate when there are no physical limitations on the claimant's ability to perform the same or other suitable job as the claimant performed before the injury.E. Temporary Partial Incapacity: Partial incapacity for work resulting from the injury.F. Temporary Total Incapacity: Total incapacity for work resulting from the injury.G. Waiting Period: The day or days lost because of inability to work on account of the injury are counted in the waiting period even though the days may not be consecutive.Amended by State Register Volume 20, Issue No. 5, eff May 24, 1996; State Register Volume 21, Issue No. 4, eff April 25, 1997.