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Boyd v. Brookshire Grocery Co.4/13/2005
n, and in fact, it appeared that Boyd purposely misrepresented her ability to read and write in an effort to obtain a higher wage-loss impairment rating. We affirm the Commission's decision to reduce her wage-loss benefits from 60% to 30%.
Finally, Boyd argues that the Commission erred in reducing the period of time she is entitled to total temporary disability benefits. We disagree.
Temporary total disability benefits are awarded when the claimant demonstrates by a preponderance of the evidence that she is within her healing period and is totally incapacitated from earning wages. Wentz v. Service Master, 75 Ark. App. 296, 57 S.W.3d 753 (2001). The healing period is that period of healing of an injury that continues until the claimant is as far restored as the permanent character of the injury will permit. Id. Whether a claimant's healing period has ended is a factual question that is resolved by the Commission. Id.
Here, the evidence shows that Boyd was not totally incapacitated after September 25, 2000. Dr. Reddy testified that Boyd's activities as depicted on the video showed that she was functioning as a normal person would. She appeared to be walking, sitting, crossing her legs, and standing without discomfort. Reddy also stated that Boyd's activities were inconsistent with her continuous complaints of pain. During previous visits, Boyd had cried because she was made to sit for fifteen minutes, but was surprisingly able to drive a boat for longer than that. Boyd also became teary-eyed when asked to bend slightly, but on the video Boyd was seen bending from the waist to pick up items from the ground without any difficulty. Based on her ability to perform, as she did on the video, Dr. Reddy opined that Boyd had reached maximum medical improvement as of September 25, 2000. The Commission's decision is supported by substantial evidence in this regard, and we affirm.
Affirmed.
Bird and Glover, JJ., agree.
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