 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Davis v. J.D. Littlejohn11/1/2005
Antonio L. Davis, Sr. appeals a decision of the Workers' Compensation Commission denying his change-in-condition claim seeking an award of temporary total disability (TTD) benefits, and granting the application of the Uninsured Employer's Fund (the Fund) to suspend or terminate his outstanding award of compensation benefits. He contends the commission erred in finding that he failed (1) to cooperate with vocational rehabilitation efforts; and (2) to prove he sustained a compensable change in condition as of June 28, 2004. Finding no error, we affirm.
BACKGROUND
On appeal, we view the evidence in the light most favorable to the prevailing party below. R.G. Moore Bldg. Corp. v. Mullins, 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990).
On June 13, 2001, Davis sustained a compensable back injury while working for J.D. Littlejohn, Inc. (employer). The commission entered an award for the payment of medical benefits and TTD benefits beginning June 23, 2001. On August 29, 2001, after determining that employer was uninsured at the time of Davis's accident, the commission entered an award against the Fund.
On April 2, 2004, the Fund filed an application asking the commission to suspend or terminate Davis's outstanding award of compensation due to his refusal of selective employment and/or his failure to cooperate with vocational rehabilitation efforts. On August 6, 2004, Davis filed an application alleging a change in condition and seeking an award of TTD benefits beginning June 28, 2004.
At the hearing on those applications, Marie Graham, a case manager with Employment Rehabilitation Services, Inc., testified that she had worked with her manager, Cathy Woldanski, on Davis's case in an effort to find him alternative employment within his restrictions as set forth by Dr. Eric G. Dawson, his treating orthopedist. After conducting an initial interview with Davis on December 10, 2003, Graham developed a rehabilitation plan. Between December 2003 and April 2004, she met with Davis at least fifteen times. She testified that he had "a lot of transferable skills" and that he had an Associate's Degree in computer information systems. However, she noted that he could not "put that degree to work" because he lacked certification in various computer applications. She testified that he also had a commercial driver's license.
During the time Graham worked with Davis, she contacted at least 100 employers on his behalf. However, Davis told her that he did not feel he was capable of returning to work because he had been out of work for two years and because of his injury. Graham testified that when employers contacted Davis, he "would tell them what he couldn't do, then they would say, well, I don't think this position is suitable for you." Because of this, she instructed him to promote his strengths.
Describing her efforts with respect to particular jobs, Graham testified that she set up an interview for Davis with C & J Transfer for a driver position. The interviewer came from Maryland to interview Davis. The interview went well. However, because Davis lacked tractor-trailer experience, he did not get that job. Davis then interviewed with Target for a loss prevention job, but was put on a waiting list. He interviewed for a position with Potomac News. Following that interview, Graham learned that the employer understood that Davis could not perform the job because it required, inter alia, driving, bending, stooping, and Saturday work. Davis told the interviewer that he "wanted a job that was indoors with no weekends and . . . close to his pre-injury job amount . . . ." Davis told Graham he wanted a job with little physical activity an
Page 1 2 3 4 5 6 Virginia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|