Note: The following constitutes the proposed
changes in this Rule. Added language appears in bold italic script, and
proposed deletions are indicated by strikeout. The changes will not go
into effect until further notice by the Industrial Commission.
Rule 401
When Disability Begins for Purpose of Computing Compensation
(1) If the injured employee is not paid wages for the entire day on which the injury occurred, the seven-day waiting period prescribed by the Act shall include the day of injury regardless of the hour of the injury.
(2) If the injured employee is paid wages for the entire day on which he is injured and fails to return to work on his next regular workday because of the injury, the seven-day waiting period shall begin with the first calendar day following his injury, even though this may or may not be a regularly scheduled workday.
(3) All days, or parts of days, when the injured employee is unable to earn a full day’s wages, or is not paid a full day’s wages due to injury, shall be counted in computing the waiting period even though the days may not be consecutive, and even though these are not regularly scheduled workdays.
(4) If the permanent disability period, when added to the temporary
disability period, exceeds twenty-one 21 days, there is no waiting
period.
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