By Stuart D. Colburn, Shareholder, Downs Stanford
The Hearing Officer did not find disability immediately following the injury. The injured worker was taken by ambulance to the emergency room and received narcotic medications. The emergency room referred her to an orthopedic but at the same time returned the Claimant back to work, full duty. Claimant went to the examination with the orthopedic surgeon but could not finish the examination due to pain. The orthopedist’s office told her to go home, take medications, apply ice, and perform home exercises. Subsequently the Designated Doctor released Claimant to light duty. The employer issued a bona fide offer of employment based on the orthopedist’s report. The Hearing Officer did not find disability until the orthopedic released Claimant to return back to work, light duty. The Appeals Panel found as a matter of law that the Claimant sustained disability since the day after the date of injury.
Lexis.com subscribers can access Texas Workers' Compensation Commission Appeal No. 100201.