Q: Because of an injury to my shoulder, I have been receiving time loss compensation from the Department of Labor and Industries for over a year. I had reconstructive surgery for the shoulder, but was still unable to return to work.
A: By statute, if an individual was “voluntarily retired” and “is no longer attached to the work force”, he is not entitled to benefits paid by the Department of Labor and Industries. If you can establish though that your decision to stop working, or your decision to apply for any type of retirement benefits, was due at least in part to the effects of the industrially related disability, you have not “voluntarily retired”. The Department’s interpretation of these situations is often difficult to deal with. Learn more about workers’ compensation claims.