TTD for Gap Period -- from Bob Burke
Monday, January 11, 2016 at 05:34AM
Monday
Jan112016
Monday, January 11, 2016 at 05:34AM The limitation of Temporary Total Disability (TTD) for the "gap" period for injuries that begin as a non-surgical soft tissue case, but turn into a surgery case, has been interpreted in Atwood Distributing v. Darla Jean Camp, Commission # CM-2014-05687X. ALJ Shane Curtin and a unanimous Workers' Compensation Commission held that once an injured worker has surgery, the TTD limitation in 85A O.S. Section 62 no longer applies and that the worker is due a maximum of 104 weeks per Section 45, including the "gap" between the soft tissue limited TTD and the date of surgery. The Commission order was strong and straightforward, "We find a compensable 'surgical' soft tissue injury entitles an employee to TTD for any period of time during which an employee is unable to work, subject to the general limits of Section 45."
The employer has appealed the decision to the Oklahoma Supreme Court, No. 114575.
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