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Wade Insulation, Inc. v. Visnovsky

Termination of temporary total disability benefits affirmed because Industrial Accident Board's finding that claimant failed to undertake a reasonable job search was supported by substantial evidence, and such a search was required to establish claimant's status as a displaced worker.

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Submitted: March 20, 2001

Upon appeal from the Superior Court. REVERSED and REMANDED.

This appeal involves an Industrial Accident Board decision granting an employer’s petition to terminate a claimant’s temporary total disability benefits. The sole question is whether claimant was required to conduct a job search before his treating physician expressly released him to return to work. The answer is very fact-specific. In this case, claimant’s doctor had never directly ordered him not to work; the surgery that temporarily disabled claimant apparently was successful; and the normal recuperative period had long passed. Under these circumstances, we hold that claimant was required to undertake a reasonable job search to establish his status as a displaced worker. Since the Board’s finding that claimant failed to conduct a reasonable job search is supported by substantial evidence, its decision should have been affirmed.

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