Triple multiplier applied if unable to perform any of the jobs at time of injury: MILLER V. SQUARE D (SC 4/24/2008)

MILLER V. SQUARE D CO.
WORKERS COMP:  Triple Multiplier
2007-SC-000361-WC.pdf
PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
DATE RENDERED: 4/24/2008 –  79

Workers Compensation – Triple Multiplier – The claimant worked as a mold technician and also at an assembly job for Square D. He was injured performing the mold technician job, but was able to perform that work after recuperating from his injury. He testified that he was unable to perform the assembly job. The Administrative Law Judge found that he was not entitled to an enhanced benefit for being unable to return to work at the job he was doing at the time of the injury, under Lowes #0507 v. Greathouse 182 SW3d 584, (2006), a case which involved two different employers. The Court reversed and remanded the case to the ALJ for a finding as to whether the claimant could perform all of the jobs which he was doing for the employer at the time of the injury, including the assembly job, holding that the Lowes #0507 was inapplicable to these facts.

Digested by Peter Naake