PART II. TEMPORARY DISABILITY BENEFITS

 

§392-21  Establishment of temporarydisability benefits.  (a)  Any individual in current employment who suffersdisability resulting from accident, sickness, pregnancy, or termination ofpregnancy, except accident or disease connected with or resulting fromemployment as defined in section 386-3 or any other applicable workers'compensation law, shall be entitled to receive temporary disability benefits inthe amount and manner provided in this chapter.

(b)  It is the policy of this chapter that thecomputation and distribution of benefit payments shall correspond to thegreatest extent feasible, to the employee's wage loss due to the employee'sdisability; that an employee shall not be entitled to temporary disabilitybenefits for periods of disability during which the employee would not haveearned wages from employment according to the schedule of operations of theemployee's employer, and that an employee is entitled to benefits only forperiods of disability during which, but for the disability, the employee wouldhave earned wages from employment.  This policy, however, shall not be appliedto terminate the benefits of an employee who is receiving benefits under thischapter for a disability that commenced while the employee was in currentemployment, nor shall it be applied to deny benefits under this chapter if adisability that commenced while the employee was in current employmentcontinues into a period during which the employee would earn wages but for the disability.[L 1969, c 148, pt of §1; am L 1973, c 61, §3; am L 1975, c 41, §1; gen ch1985; am L 1991, c 83, §1]

 

Attorney General Opinions

 

  If an individual is employed by department as both afull-time teacher and an A+ employee and the individual becomes disabled forboth jobs, department must pay the individual under both the full-time teacherTDI plan and the A+ TDI plan in order to compensate the individual for lostwages from both full-time teacher and A+ employments, because subsection (b)states that "the computation and distribution of benefit payments shallcorrespond to the greatest extent feasible, to the employee's wage loss due tothe employee's disability".  Att. Gen. Op. 97-9.