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The Court of Appeals concludes short term disability payments cannot be offset against temporary disability benefits

The Oregon Court of Appeals issued a decision that will help injured workers who receive both short term disability (STD) payments and temporary partial disability (TPD) payments. In Safeway Stores, Inc. v. Martinez 239 Or App 224 (December 1, 2010) the court affirmed the Board's order in Anita M. Martinez, 60 Van Natta 1937 (2008) which had held that a carrier was not authorized to offset claimant's STD payments against her TPD benefits because STD payments neither constituted "wages" nor "sick leave."

For those injured workers who are suddenly unable to work, STD payments and TPD benefits are often the only means to stay afloat financially while trying to get back to work. By not allowing workers' compensation insurance companies to offset TPD benefits when injured workers are receiving STD payments the Court of Appeals allowed injured workers to receive all the benefits they are entitled to when injured.

If you have a question about temporary partial disability payments, or what benefits you may be entitled to when you are injured, please call Martin L. Alvey P.C.

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