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Tag Archives: Release to Work

Workers’ Compensation – Temporary Partial Disability – Light Work – Release to Work – Back Injury – Future Medical Expenses (access required)

Wallace v. Intelicoat Technologies After she injured her back at her heavy-duty job with defendant, plaintiff found a light-duty, lower-paying job with another employer, and defendant started paying her temporary partial disability benefits. Even though one of plaintiff’s doctors subsequently released her to return to work, defendant violated a consent order when it stopped paying plaintiff temporary partial disability benefits.

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Workers’ Compensation – Disability – Release to Work – Causation – Neck Pain (access required)

Everett v. Danny’s Mobile Home Service After Oct. 17, 2007, plaintiff had reached maximum medical improvement, was not taken out of work by any medical provider, did not substantially cooperate with vocational rehabilitation services provided to assist him in finding suitable employment, and did not put forth a reasonable effort to seek suitable employment on his own, even though he was capable of performing work with restrictions. Therefore, plaintiff is not entitled to disability compensation after Oct. 17, 2007.

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Workers’ Compensation – Ankle Injury – Release to Work – Subsequent Complaints – Causation (access required)

Workman v. Major Contractors Inc. Plaintiff suffered a compensable injury when his ankle was pinned by an overturned golf cart at work; however, after he recuperated from surgery, he was able to work, and he admits he left a 60-hour per week job because of injuries he sustained in a motorcycle accident. Plaintiff failed to show that he is entitled to further temporary total disability benefits; however, he is entitled to permanent partial disability compensation for the 10 percent permanent impairment of his right foot.

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Workers’ Compensation – Disability – Release to Work – Burden of Proof – Shoulder Injury (access required)

McCoy v. Aramark Corp. Where plaintiff received a full-duty work release, did not look for work following that release, and did not show that it would be futile for him to search for employment, plaintiff failed to prove that he remained disabled. Plaintiff is entitled to temporary total disability benefits from Feb. 6, 2009 through Feb. 22, 2010. Defendants shall pay medical expenses related to plaintiff’s shoulder injury, and there is a substantial risk that he will need future medical treatment for his right shoulder.

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Workers’ Compensation – Disability – Release to Work – Subsequent Restrictions – Costs Charged to Plaintiff (access required)

Fuller v. Best Services Group, Inc. Where plaintiff’s physician, Dr. Cohen, released plaintiff to return to full duty on Jan. 8, 2009, this supports the Industrial Commission’s termination of plaintiff’s temporary total disability benefits as of Jan. 8, 2009, despite Dr. Cohen’s May 20, 2009 limitation of plaintiff to light duty and imposition of permanent restrictions. We affirm the Industrial Commission’s award of temporary total disability benefits only through Jan. 8, 2009 and the Commission’s taxation of costs against plaintiff (in the form of a credit to defendants).

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