Monday, July 12, 2010

Worker's Compensation Panel reviews whether employee's condition was compensable

RUBY E. AUSTIN v. GENLYTE THOMAS GROUP, LLC ET AL. (TWCA July 12, 2010)

Employee alleged that she sustained a compensable injury to her back. Employer referred her to a physician who opined that her condition was not work-related, and her claim was thereafter denied. After trial, the court found that Employee's condition was compensable and awarded 65% permanent partial disability to the body as a whole and temporary total disability benefits. Employer has appealed, contending that the evidence preponderates against the trial court's finding that a compensable injury occurred, or alternatively in ordering payment of temporary total disability benefits. We modify the award of temporary total disability benefits but otherwise affirm the judgment.

Opinion may be found at:
http://www.tba2.org/tba_files/TSC_WCP/2010/austinr_071210.pdf

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