Reopening workers comp case and impact on medicals and disability award implications: BARTEE V. UNIVERSITY MEDICAL CENTER (SC 1/24/2008)

BARTEE V. UNIVERSITY MEDICAL CENTER
WORKERS COMP:  REOPENING
2007-SC-000094-WC.pdf
PUBLISHED: AFFIRMING
OPINION OF THE COURT
DATE RENDERED: 01/24/2008

The Supreme Court affirmed a finding that the Claimant’s entitlement to temporary total disability cannot be granted prior to a motion to reopen having been filed by the Plaintiff. In this case, the workers’ compensation insurance carrier disputed the need for a surgery and filed a motion to reopen. The Claimant had the surgery and filed a motion to reopen afterwards, claiming increased disability and temporary total disability. The Court eventually found that the surgery was reasonable, necessary, and related to the work related injury. However, the Court found that the claimant was not entitled to an award of temporary total disability benefits for a period of time before the motion to reopen for disability was filed. The Court also held that the carrier’s Motion to Reopen to contest a medical expense did not reopen the case for purposes of awarding temporary disability, nor was the defendant estopped from objecting to the award of temporary disability benefits.

PETER NAAKE