Beginning Date For Permanent Disability

When does payment fopr permaent disability start?

Usually, its when your doctopr releases you and says that you are "as good as you are going to get" or at Maximum Medical Improvement (MMI). This recent case held that it could be some other date:

Wal-Mart Stores, Inc. #1269 vs. Betty J. Sweasy, et al. (2008-CA-001571-WC)

Date Rendered: 3/13/2009

Panel: Keller, Moore (presiding) Taylor

Opinion Affirming in part and Reversing and Remanding in part

The claimant, Betty Sweazy was working as a cashier at Wal-Mart when she was injured while lifting on November 28, 2005. She was 64 years of age at the time of the injury.

She was off from work for three days, then given a light duty job as a greeter and working at a sedentary job. She was treated by Dr. Ballard, who assigned her permanent restrictions of no lifting greater than five pounds in June, 2006.

She was sent for an Independent Medical Examination by Dr. Kriss, who stated that she had no restrictions and no permanent impairment. Wal-Mart then assigned her regular work, which she was unable to perform, and she was terminated in March, 2007. According to Dr. Ballard, she reached MMI in August 2007.

The ALJ found that she had a 8% impairment and was unable to return to the type of work that she was doing at the time of the injury, awarding her $45.07 per week from the date of MMI until November 2007, and TTD from the date of her termination until the date of MMI. Because KRS 342.730(4) limits income benefits to the date on which the claimant becomes eligible for regular Social Security retirement benefits, or two years from the date of the injury, the Administrative Law Judge ordered that all benefits ceased on November 28, 2007.

The claimant appealed, arguing that permanent partial disability benefits should be awarded from the date of injury. The Board agreed, and reversed the ALJ, but the Court of Appeals reversed the Board, reinstating the ALJ's order.

In its reasoning, the Court of Appeals found that the legislature intended that income benefits for disabilities greater than 50% should begin on the date that the disability arises, but that for disabilities less than 50%, disability could arise on some other date, and that the date of MMI was appropriate given the ALJ's findings.