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City Market Inc. v. Industrial Claim Appeals Office5/23/1991
e-job training, the employer deducted from his gross wages, amounts for FICA, federal, and state taxes. Because of this manner of payment, claimant received less than the amount of temporary total benefits, to the extent of such deductions. Cf. 26 U.S.C. § 3121 (1988) (workers' compensation benefits are excluded from taxable income). Thus, to comply with the requirements of § 8-49-101(1)(a), the employer should have tendered to claimant the difference between his net wages and the amount he would have received for temporary total disability. Hence, this matter must be remanded to the ALJ to recalculate the payments due to claimant.
Accordingly, the Panel's order is set aside, and the cause is remanded with directions that the order of the ALJ be modified consistent with the views expressed herein.
Disposition
ORDER SET ASIDE AND CAUSE REMANDED WITH DIRECTIONS
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