Tuesday, October 6, 2015

ALJ LARRY PRICE FINDS NEED FOR SPINAL SURGERY TO BE RELATED TO ACCIDENT AT WORK

ALJ LARRY PRICE FINDS NEED FOR SPINAL SURGERY TO BE RELATED TO ACCIDENT AT WORK

THERESA ENHELDER, Claimant v. ARMY & AIR FORCE EXCHANGE WACO DISTRIBUTION CENTER, Employer and ARMY & AIR FORCE EXCHANGE C/O CONTRACT CLAIMS SERVICES, Carrier

CASE NO.: 2014-LHC-01955
OWCP NO.: 08-139768

VI. CONCLUSION 

Claimant’s back injury is compensable. Her back injury has not resolved or reached MMI, and she is unable to return to her pre-injury position. Employer has not established suitable alternative employment. Thus, she has been temporarily and totally disabled from the date of the injury, June 13, 2013, and continuing. Employer paid the appropriate rate of compensation from June 13, 2013 through January 12, 2014 in addition to wages for the temporary period of Claimant’s return to work from January 13-February 18, 2014. Claimant is therefore entitled TTD benefits from February 19, 2014 and continuing. Claimant is also entitled to medical treatment, including surgery, for her lumbar injuries, as well as reimbursement for medical treatment rendered thus far and mileage.



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