DF v. DOAS

W. Zachary Hendon Jr.

Practice Area:Workers Compensation

Outcome:Awarded TTD from the date of layoff.

Description:Authorized physicians said Employee had a prior bicep tendon tear which was the cause of his restrictions and that his layoff was related to the economy. I sent E'ee to dr who said that restrictions were related to his bicep tendon strain at work. I deposed supervisor over 13 county area who claimed layoff had nothing to do with injury. From this deposition, I was able to develop evidence that there were other workers with less seniority that could have been laid off but these other workers did not have a comp claim pending. Supervisor tried to say that these other workders were in a higher job classification and could work more independently than Employee. At the hearing I was able to show that for 19 years my Employee was the only one in the department and therefore could work totally independent. Judge found that restrictions were related to work injury and not prior bicep tendon tear. Judge also found that he was chosen as the one to be laid off due to his work injury rather other workers and therefore a job search was not required. Employee is still receiving TTD benefits.