Appeal Results in Fourfold Increase in TTD Benefits
Surgery After Quitting Job is Covered
The injured: William worked for Toyota Manufacturing of Indiana when he was injured on the job, causing damage to his left shoulder and neck. Toyota acknowledged his accidental injury and paid for certain medical services and supplies while William took off work.
The Facts of the Case
Approximately 6 months after William’s accident, a physician released him to return to work with restrictions. Although he attempted to return, he was unable to perform the duties assigned and left his job, rather than being fired. A few months later, a doctor recommended additional treatment for William’s shoulder, which included surgery. Toyota notified William that they would not pay for the recommended treatment or prolonged TTD benefits.
William applied for an Adjustment of Claim and the Single Member ordered Toyota to pay for certain medical treatments and 30 weeks of TTD benefits. The Full Board upheld this decision.
William sought the counsel of Klezmer Maudlin to appeal the Board’s decision, believing that he was entitled to longer benefits because he was unable to work without the treatment (surgery) that was recommended for the injuries he sustained from the accident. He contended that he was entitled to 121 weeks of TTD because that was the total time of his disability.
The Appeals Court reviewed the Board’s decision and originally remanded it back to the Board with instructions to issue findings of fact to conduct the appellate review. On remand, the new findings were reviewed by the Appeals Court again, and the court overturned the Board’s decision.
The Court agreed that the surgery was necessary, appropriate, and successful treatment of the injury. However, the Appeals Court believed that the Board’s determination of 30 weeks of TTD benefits had no sound reasoning or basis in Indiana Administrative Orders. Because William was unable to work (even with restrictions) prior to surgery, AND recovered completely as a result of the surgery, the Court ruled that William was entitled to the full 121 weeks of TTD.
By hiring the attorneys of Klezmer Maudlin, William received the full benefits he was entitled to. He maintains great confidence in their abilities to defend injured employee’s against large manufacturers like Toyota.