Thursday, April 15, 2021

Commission applies 30 hour rule for comp rate

 Juanita Kurbusky v Independent In Home Service

Release Date:  April 7, 2021  (August 2012 accident date)

Venue:  Texas County

Summary:  Commission awards 20% BAW for orthopedic injuries.  Claimant alleges she required RF ablation and injections and alleges she developed a DVT/PE due to inactivity.  The Commission found the ALJ erred to use 40 hours a week to set compensation rate for a part-time employee.  

The case considered for purposes of a second injury fund award a laundry list of medical condition including a  knee "locking up" at age 12 (claimant is 60).  Claimant was not felt to be PTD.    

Cast:

Elmer, ALJ 

Edelman, atty

Musick, atty

Byrd, atty

Poetz

Weimholt

Lennard

Swarringin