Illinois employer's job offer does not justify cutting off TTD benefits
Illinois Workers Compensation Commission modified the arbitrator's decision to increase the award of Temporary Total Disability (TTD) benefits. Rather than terminating the TTD award on Dec. 8, 2008, the Illinois Workers' Compensation Commission extended benefits through April 17, 2009.
Case name: Fraley v. Favorite Health Care Staffing, Inc. 19 ILWCLB 39 (Ill.W.C.Comm. 2010)
Summary: Fraley suffered a work injury to the cervical spine Oct. 25, 2007, while lifting a patient. She bent over and heard a pop. She was origninally diagnosed with a back sprain, but subsequent tests revealed neural impingement and cervical radiculopathy. After unsuccessful attempts with conservative therapy, Fraley's doctor recommended a cervical diskectomy and fusion. The arbitrator awarded TTD through Dec. 8, 2008, along with medical expenses. Upon review, the Commission increased the TTD award to extend through April 17, 2009.
The Illinois Workers' Compensation Commission noted that Fraley was examined by the defendant's doctor on May 23, 2008, at which time he recommended light-duty work, such as clerical or administrative, with no lifting more than five to ten pounds. The defendant ceased payment of TTD benefits after Nov 10, 2008. However, there was no evidence in the record to indicate that the defendant provided a basis for the termination of TTD benefits. On Dec. 8, 2008, the defendant sent a letter to Fraley, advising her that her job was available and she should return to work. However, there was no indication that this job offer involved a light-duty job that conformed to Fraley's work restrictions.
A review of the record indicated there was no opinion from any medical provider or examiner placing Fraley at maximum medical improvement and releasing her to full -duty work until April 17, 2009. On April 17, 2009, Fraley's doctor opined that she was at maximum medical improvement and capable of returning to full-duty work based upon Fraley's examination and ojbective testing. Based on this evidence, the Illinois Workers' Compensation Commission modified the arbitrator's award of TTD benefits to include the period from Dec. 8, 2008 through April 17, 2009.
