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Tempoary Partial Disability – Requirment To Prove Causation

Burtnett vs Webster City Custom Meats, Inc., (Iowa App. January 2007)

Burtnett on appeal urged that the commissioner’s should have awarded temporary partial disability (TPD) benefits for several periods in 2000. The deputy commissioner denied the claims for TPD benefits because absences due to the work injury during the periods claimed could not be specifically identified and that many absences were not due to the work injury. Burtnett contended that she only needed to show that her earning ability was reduced during the periods of TPD claimed and that she was injured in order to prove entitlement ot TPD benefits. The court of appeals held that the reduction in earning ability must be shown by the claimant to be as a result of the injury and not other absences.

Posted by Richard G. Book on May 2, 2007 1:57 PM  |  Permalink

 

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