Did the WCC err in finding Credit General did not wrongfully terminate Davis temporary total disability benefits?
5 2. Did the WCC err in finding that Davis is not permanently totally disabled and not entitled to treatment at a pain clinic? 6 3. Is Davis entitled to attorney fees and a statutory penalty?BACKGROUND 7 On August 29, 1995, Davis sustained an injury to his right shoulder after he fell while tightening straps that secured a load he was carrying on his truck. At the time of the accident, Davis was employed by United Staffing, Inc. which was insured for workers’ compensation purposes by Credit General. Credit General accepted liability for the accident and immediately began paying Davis temporary total disability and medical benefits. Davis’ primary treating physician, Dr. Lawrence Toder (Dr. Toder), diagnosed a torn rotator cuff and operated on Davis’ right shoulder in November of 1995. 8 After the surgery, Davis underwent physical therapy with Richard Smith (Smith) and demonstrated steady improvement in his right shoulder. In April of 1996, Smith concluded Davis was able to return to li
Related Questions
- Can an adjuster terminate temporary total disability (TTD) benefits because the employer claims the employee refused modified duty by failing to answer the phone when he called?
- Did the WCC err in finding Credit General did not wrongfully terminate Davis temporary total disability benefits?
- Did the Workers Compensation Court err in reinstating claimants temporary total disability benefits?
