 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Burns v. Pierce12/6/2000
s nothing neurologically that could be done for appellant and recommended continued physical therapy. Moreover, Dr. Schlesinger stated that appellant's complaints of pain radiating down the arm are not consistent with a C3-C4 disk herniation. Based on this record and appellant's admission that no post-surgical improvement took place, we cannot say that the Commission erred in finding that appellant's surgical treatment by Dr. Patterson was not reasonable and necessary in relation to his compensable injury.
Appellant also contends that the Commission erred in adopting the ALJ's finding that appellant is not entitled to temporary total disability benefits from August 1, 1998. We disagree and affirm.
Temporary total disability is that period within the healing period in which a claimant suffers a total incapacity to earn wages. Stafford v. Arkmo Lumber Co., 54 Ark. App. 286, 925 S.W.2d 170 (1996). The healing period is that period for healing of an injury which continues until the claimant is as far restored as the permanent character of the injury will permit. Georgia-Pacific Corp. v. Carter, 62 Ark. App. 162, 969 S.W.2d 677 (1998).
The record in this case presents substantial evidence to support the Commission's conclusion that appellant failed to establish by a preponderance of the evidence that he is entitled to temporary total disability benefits. Specifically, the record does not support a claim that appellant suffered a total incapacity to earn wages. The record reveals that after appellant initially suffered his injury , he continued to perform his job with appellee, albeit with difficulty, for at least two months before he was laid off in July 1997. Furthermore, from July 1997 until August 1998 appellant received unemployment benefits holding himself out as able to work. This record provides substantial evidence to support the Commission's conclusion that appellant failed to establish that he is incapable of earning wages.
Affirmed.
Robbins, C.J., and Hart, J., agreee.
|