Monday, May 21, 2012

TWCA reviews whether an employee had a meaningful return to work an an award of temporary total disability benefits


An employee alleged that he sustained a work-related injury to his elbow and that his work aggravated his pre-existing carpal tunnel syndrome. His employer denied the claims, asserting that the employee’s elbow problem was related to a prior injury and that his carpal tunnel syndrome was not caused or worsened by his work. The trial court awarded benefits for both injuries.

The employer appealed, contending that the trial court erred in finding that the employee sustained a compensable injury to his elbow. The employer also contends that the trial court erred in finding that the employee’s carpal tunnel syndrome was compensable and that the employee gave proper notice of the carpal tunnel injury. The employer also appeals the trial court’s finding that the employee did not have a meaningful return to work, the award of temporary total disability benefits, and the amount of the award to the employee. We affirm the judgment of the trial court.

Opinion available at:

Dissenting opinion:

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