Temporary Partial Disability.  

During your recovery, you may be able to return to full duty, or you may be able to return to limited or light duty under restrictions set by your physician.  If the Employer (“Er”) can accommodate the limited duty restrictions, then you should work under those restrictions.  The WC benefit that you receive while working under limited duty is Temporary Partial Disability (“TPD”).  

See §386-32.

There is no rule on whether you should receive your regular pay while working under limited duty.  If the you do not agree to do the limited duty work, TTD may be terminated.  

There is no rule stating exactly when TPD is due, and there is not penalty for late payment of TPD unless TPD was awarded in a DCD decision.

If you are unable to perform the limited duty job and you have not reached Maximum Medical Improvement, you are entitled to TTD.

How is Temporary Partial Disability {“TPD”) calculated?

To calculate TPD, take your Average Weekly Wage (“AWW”) before you were injured, minus your gross weekly limited duty earnings, and multiply the difference by 2/3.  

The minimum TPD you are entitled to is 25% of that Maximum Compensation Rate.

If you are enrolled in vocational rehabilitation and working under limited duty, your benefit is calculated as follows: AWW minus your gross weekly limited duty earnings.  There is no 2/3 deduction.