NAC616C.598. Compensation for temporary partial disability.

     1. If the wage that an injured employee receives upon reemployment is less than the compensation for a temporary total disability to which he or she is entitled, compensation for a temporary partial disability must be used to make up the difference.

     2. To calculate compensation for a temporary partial disability, the wage earned upon reemployment:

     (a) Must be based on the net wage; or

     (b) Is that earned, on average:

          (1) On each of 7 days in succession, if the calculation is for a weekly rate;

          (2) On each of 14 days in succession, if the calculation is for a biweekly rate; or

          (3) On each day of the pay period, if the calculation is for a semimonthly rate,

Ê whichever is greater.

     3. Compensation for a temporary partial disability is not available for any programs of vocational rehabilitation for self-employment.

     4. An injured employee who:

     (a) Is capable of working, but rejects employment at a wage which exceeds compensation for a temporary total disability; and

     (b) Accepts a job at a lesser wage,

Ê is not entitled to receive compensation for a temporary partial disability.

     5. An injured employee who is capable of full-time employment in an occupation paying a wage which would exceed compensation for a temporary total disability, but who is unable to find such employment, is not entitled to receive compensation for a temporary partial disability.

     6. Before compensation for a temporary partial disability may be granted, there must be a reasonable indication that the rate of compensation may be met within 2 years.

     7. Compensation for a temporary partial disability must be calculated on Form D-46.

     8. Compensation for a temporary partial disability must be paid within 14 days after receipt from the injured employee of information regarding his or her wages.

     9. As used in this section, “net wage” means that amount paid to the injured employee after the usual deductions are made for social security, income taxes and other required state or federal deductions.

     [Industrial Comm’n, No. 14.095, eff. 3-26-82; renumbered as 6.095, 6-30-82]—(NAC A by Div. of Industrial Insurance Regulation, 2-22-88; 8-30-91; A by Div. of Industrial Relations, 1-20-94; R098-98, 12-18-98)