Temporary Total Disability Benefits

If you have already settled your case, and need to be off from work for the same condition, such as need to have another surgery, what do you need to do?

According to a recent case decided by the Supreme Court, you need to file a motion to reopen your calim.

The following case held:

Terry Gibson vs. Kuhn-Gibson & Son Plumbing (2008-CA-001408-WC)

Date Rendered: June 12, 2009

Panel: Caperton (presiding) Dixon and Vanmeter

Opinion: Affirming Workers' Compensation Board (WC-02-76774)

Key Words: Workers' Compensation, Reopening , Temporary Total Disability benefits

The claimant was awarded benefits in June 2004 for a work-related injury which occurred in 2002.

He continued to work with the same employer, as he was the owner.

In October 2004 he was restricted from working by his doctor, then returned to work on limited duty in March 2005. The claimant filed a motion to reopen his claim in August 2005.

He claimed temporary total disability (TTD) benefits from October 2004 to March 2005.

The ALJ denied TTD benefits because under Bartee v. University Medical Ctr. 224 S.W. 3d 91 (Ky., 2008), and the express wording of the re-opening statute, KRS 342.125(4) no TTD benefits can be award for a period of time prior toi the filing of a motion to reopen.

The Court of Appeals affirmed the Workers' Compensation Board, having no authority to change prior precedent of the Supreme Court.