The long-standing procedure of including self-employment earnings when calculating a claimant's entitlement to partial benefits is not proper, except for earnings from the self-employment job above and beyond the income from that position as of the date of injury.
What It Means to You
You may need re-asses how you calculate partial indemnity benefit payments to Claimants who supplement their income (benefits or earnings) with monies from their own business. Self-employment income can no longer be included in the calculation of partial disability benefits. Ask a Cipriani & Werner attorney to review the Statement of Wages to ensure proper calculation.