Wednesday, February 22, 2012

TWCA reviews whether a nurse was totally and permanently disabled by neck and lower back injuries

VONETTA MOUSSEAU v. DAVITA, INC. (TWCA February 22, 2012)

The employee, a registered nurse, injured her neck and lower back when she slipped and fell in a pool of water. She had surgical fusions of the cervical and lumbar spine. She continued to have serious symptoms for which she received numerous medications. Her treating physician testified that she was incapable of performing any nursing functions, including those that required only sedentary work. The trial court found her to be permanently and totally disabled. Her employer has appealed, contending that the evidence preponderates against the trial court’s finding on disability and that the employee should be held to have been offered a meaningful return to work. We affirm the judgment of the trial court.

Opinion available at:
https://www.tba.org/sites/default/files/mousseauv_022212.pdf

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