This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Worker, employed as a nurse's aide, sustained injuries to her lower back and left knee on July 2, 1986, while assisting a patient. The Employer initially paid for medical expenses and temporary total disability benefits but later reduced the benefits. The Worker sought an extension of temporary total disability payments, permanent partial disability benefits, and vocational rehabilitation benefits.
Procedural History
- Workers' Compensation Administration, November 30, 1990: The Workers' Compensation Judge (WCJ) found the Worker 15% permanently partially disabled, awarded temporary total disability benefits until November 15, 1988, and denied claims of bad faith by the Employer in reducing benefits.
Parties' Submissions
- Appellant (Worker): Argued that she remained temporarily totally disabled beyond November 15, 1988, due to ongoing recovery from knee surgery and physical therapy. She also contended that the WCJ erred in determining her permanent partial disability as 15%, failed to award proper attorney's fees, and disregarded medical evidence supporting her claims.
- Respondents (Employer and Insurer): Asserted that the Worker had reached maximum medical improvement by November 16, 1988, was no longer temporarily totally disabled, and could perform other suitable jobs without requiring vocational rehabilitation. They also argued that the WCJ's findings were supported by substantial evidence.
Legal Issues
- Did the WCJ err in determining that the Worker was no longer temporarily totally disabled after November 15, 1988?
- Was the WCJ's finding of 15% permanent partial disability supported by substantial evidence?
- Did the WCJ err in failing to award proper attorney's fees?
- Was the Employer's reduction of benefits made in bad faith?
Disposition
- The WCJ's determination of 15% permanent partial disability and the attorney's fees award were affirmed.
- The case was remanded for additional findings regarding the duration of the Worker's temporary total disability and the effect of vocational rehabilitation and knee surgery on her ability to work.
Reasons
Per Donnelly J. (Alarid CJ. concurring):
The WCJ's findings regarding the Worker's permanent partial disability were supported by substantial evidence, including medical testimony that the Worker could perform other jobs with comparable wages. The WCJ properly determined that the Worker reached maximum medical improvement for her back on November 16, 1988, and there was no evidence of a higher percentage of disability under AMA guidelines. However, the WCJ's findings were insufficient to determine whether the Worker's temporary total disability should have been extended due to her knee surgery and the need for vocational rehabilitation. The case was remanded for additional findings on these issues. The attorney's fees award was consistent with statutory guidelines, and the Employer's reduction of benefits was not made in bad faith.
Per Hartz J., dissenting in part:
Hartz J. agreed with affirming the WCJ's determination of the Worker's permanent partial disability and the date of maximum medical improvement but dissented on the remand. He argued that vocational rehabilitation should not affect the determination of temporary total disability, as the statutory definition ties it solely to the date of maximum medical improvement. Hartz J. also emphasized that the Worker could be entitled to permanent total disability benefits during periods when she was physically incapable of working due to knee surgery or awaiting vocational rehabilitation, and further findings were necessary to address these periods.