Wyoming Administrative Code
Agency 053 - Workforce Services, Department of
Sub-Agency 0021 - Workers' Compensation Division
Chapter 7 - BENEFITS
Section 7-1 - Awards of Compensation

Universal Citation: WY Code of Rules 7-1

Current through September 21, 2024

(a) Computation of Disability Awards.

(i) Procedure for Determining Temporary Total Disability (TTD).
(A) Temporary wage rate is computed as follows:
(I) Hourly rate multiplied by the total number of hours worked within the employer's established work week = weekly rate;

(II) Weekly rate multiplied by 52 and divided by 12 = monthly rate.

(B) Overtime will be considered if verification is received from the employer as outlined in the definition of actual monthly earnings Chapter 1, Section 3(d)(i)(C).

(C) If a worker is paid other than hourly, weekly or monthly, the worker shall verify income by documenting at least three months of wage history with the worker's employer(s) at the time of the injury. If the worker cannot obtain three months of information, the Division shall obtain verification of average monthly wages from the employer(s).

(ii) Procedure for Determining Temporary Partial Disability (TPD). TPD benefits will be calculated by taking 80% of the difference between the light duty wage and the employee's actual monthly earnings at the time of injury.
(A) The claimant will receive TPD benefits plus light duty wages. The combination of earnings and benefits is intended to pay the claimant more than TTD alone, and as close to pre-injury wage as possible, but cannot exceed the statewide average monthly wage for the quarterly period in which the injury occurred.

(B) TPD will terminate when any of the following occurs:
(I) The claimant returns to work in a full duty capacity, without limitations or restrictions, with the pre-injury or new employer;

(II) The light duty wages are 95% or more of the claimant's pre-injury wage;

(III) The claimant is working more than one light duty, modified, or part-time job, and the total wages earned equal or exceed 95% of the pre-injury wage;

(IV) The claimant is unable to work at a gainful occupation for which he is reasonably suited by experience or training, and is certified temporarily totally disabled by his treating physician;

(V) The claimant incurred an ascertainable loss from the work-related injury and was given a PPI rating by his treating physician;

(VI) The claimant voluntarily terminates light duty employment due to non-injury related reasons.

(iii) Procedure for Determining Permanent Partial Disability (PPD). The award shall be calculated using the statutory formula which adds months to the award for each of five labor market factors: The worker's remaining work-life (14 months maximum), experience in other occupations (six months maximum), education (eight and one half months maximum), career plans (two months maximum) and age over 40 (three months maximum). The application for the award shall contain such information as the Division deems necessary to apply the formula. Workers older than 65 at the time of ascertainable loss will be deemed to be 65 years old for purposes of the formula.

(b) Computation of Impairment Award. The calculation of the award pursuant to W.S. § 27-14-405(g) will be based upon the percentage of whole body impairment as determined by the most recent edition of the American Medical Association Guides to the Evaluation of Physical Impairment or its successor publication.

(i) Permanent Partial Impairment Rating (PPI) Benefits Payment. After the Division receives a PPI rating from a physician, the Division shall compute the amount of benefits due, and offer a PPI award to the injured worker.
(A) If the injured worker disagrees with the PPI rating and requests a second impairment rating, the Division will schedule an appointment with an independent physician.
(I) Upon receipt of the second impairment rating the Division shall consider both ratings and issue a final determination.

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