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Queme v. IBP6/21/2005
at Ana was able to work light duty, but with no repetitive stooping or bending, and that her maximum lifting weight was 50 pounds. On March 14, Dr. Adamson stated, "At present I would consider her unable to spend more than 15 minutes per hour on her feet." On April 15, he recommended that she not do any repetitive stooping, bending, or lifting and restricted her to " aximum 40 lbs lifting to waist, 20 lbs lifting to shoulder height."
Despite Dr. Adamson's restrictions imposed after August 30, 2002, he still stated that Ana was able to work. And, there was some evidence that IBP had previously accommodated Ana's similar restrictions--no bending, twisting, climbing, crawling, squatting, or kneeling, and no frequent lifting or carrying of 5 pounds or less--in January 2002, when IBP assigned her to "monitor pecs cabinet 048A" instead of her usual job of bagging tails. Therefore, the trial court was not clearly erroneous in determining that Ana was entitled to temporary total disability only until August 30 and that after such time, her injury did not prevent her from being able to earn wages in either the same or a similar kind of work.
VIII. CONCLUSION
The review panel did not err in finding that the trial court's award complied with rule 11 as to vocational rehabilitation benefits and that the trial court did not err in awarding temporary total disability benefits only from August 6 to 30, 2002. However, because the trial court's award failed to comply with rule 11 as to temporary partial disability, we reverse the judgment of the review panel affirming the trial court's award to deny temporary partial disability, and we remand this matter to the review panel with directions to remand the matter to the trial judge with directions to enter an award complying with rule 11, considering the issue of Ana's entitlement to temporary partial disability.
Affirmed in part, and in part reversed and remanded with directions.
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