CLAIM NOS. D809687 E100505
JOHNNY MARTIN, EMPLOYEE CLAIMANT v. WHIRLPOOL CORPORATION, SELF-INSURED EMPLOYER RESPONDENT Before the Arkansas Workers’ Compensation Commission
OPINION FILED JULY 28, 1994
Upon review before the FULL COMMISSION, Little Rock, Pulaski County, Arkansas.
Claimant represented by ELDON F. COFFMAN, Attorney at Law, Fort Smith, Arkansas.
Respondent represented by ROBERT L. JONES, III, Attorney at Law, Fort Smith, Arkansas.
Decision of Administrative Law Judge: Reversed and Remanded.
[1] OPINION AND ORDER
[2] This matter comes on for review by the Full Commission on appeal by respondent from the December 22, 1993 opinion of the Administrative Law Judge in which she awarded claimant additional temporary total disability benefits from May 1, 1991 through October 22, 1991.
[3] After carefully conducting a de novo review of the entire record, we find that the Administrative Law Judge erred in awarding additional temporary total disability benefits. Therefore, we reverse and remand this matter to the Administrative Law Judge. [4] Claimant sustained a compensable injury to his left arm in July of 1988. As a result of said injury, claimant sustained a 25% permanent partial impairment rating to his arm. In September of 1990, claimant suffered a reinjury. As a result of the reinjury, the permanent partial disability rating was increased by 10% to a total of 35% to the left arm. It should be noted that claimant is right-handed. [5] Claimant’s treating physician was Dr. Irwin. In his deposition, Dr. Irwin opined that the healing period for claimant ended on March 28, 1991. At that time, Dr. Irwin did not anticipate claimant would need any further substantial medical treatment. Claimant was employable as of March 28, 1991. However, employment was not found for claimant until October of 1991. Claimant maintains that he is entitled to additional temporary total disability benefits from May 1, 1991 through October 22, 1991. [6] The evidence indicates that Dr. Irwin continued giving claimant a series of “no work slips” from May of 1991 through November of 1991. However, it is clear that claimant was not unable to work during this time period. Rather, claimant was working with his union and respondent trying to find a job within claimant’s permanent medical restrictions. Eventually, in October of 1991, claimant found a position. Claimant has been working since that date. There is no indication that claimant was within his healing period from May through October. [7] Based upon a review of the evidence, the Administrative Law Judge erred in awarding temporary total disability benefits for the time period outside the healing period. Simply because claimant failed to return to work is not an issue for temporary total disability benefits but rather permanent partial disability. Wilson v. NewportHospital and Clinic and Sedgwick James of Arkansas,
(
D909589) WCC opinion September 24, 1990. Additionally, temporary total disability period is that period within the healing period in which an employer suffers a total incapacity to earn wages. A.C.A. §
11-9-102 (5) and §
11-9-519; Ark. State Hwy Trans. Dept. v. Breashears,
272 Ark. 244,
613 S.W.2d 3921 (1981). [8] A preponderance of the evidence indicates that claimant’s healing period did not extend beyond March 29, 1991. The law on this point is very clear and well-settled, simply because claimant was not able to find a job within his permanent restrictions does not extend a healing period or his period of entitlement to temporary total disability benefits. Therefore, this matter must be reversed and remanded to the Administrative Law Judge. We direct her to find that claimant is not entitled to temporary total disability benefits beyond the end of healing period, March 29, 1991. [9] IT IS SO ORDERED.
JAMES W. DANIEL, Chairman ALLYN C. TATUM, Commissioner
[10] Commissioner Humphrey concurs.