TWCA reviews whether an employee had a meaningful return to work that would permit limiting his benefits following being fired for misconduct

DEWEY GIBSON, JR. v. HIDDEN MOUNTAIN RESORT, INC. (TWCA December 14, 2011)

The employee sought workers' compensation for a back injury which arose out of and in the scope of his employment with the employer. The trial court found that because the employee had a meaningful return to work and was subsequently dismissed for job misconduct, he was limited to benefits of 1.5 times the 20% anatomical impairment rating. The evidence does not preponderate against the trial court's factual findings; the judgment is, therefore, affirmed.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/gibsond_121411.pdf