. Date: Tue, 6 Jul 2010 04:21:23 -0700 (PDT) From: Jon L. Gelman <jon@xxxxxxxxxxx> Reply-To: Net-Gold@xxxxxxxxxxxxxxx To: net-gold@xxxxxxxxxxxxxxx Subject: [Net-Gold] [Workers' Compensation] Temporary Benefits Due During Period of Unrelated Med... . [Workers' Compensation] Temporary Benefits Due During Period of Unrelated Med... An asthma flare up, that delayed surgery for a compensable back injury, was not a reason to halt the payment of workers' compensation temporary disability payment. The Court held: "....when treatment for the original work related injury is delayed due to unrelated conditions, the claimant was entitled to continued disability benefits during the entire period." "The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior fusion at C5-6 and C7 because of asthma flare-ups unrelated to the work accident." Schock did not refuse treatment, there is no evidence that she was able to return to work or that she was at maximum medical improvement during the brief delay in her neck surgery. Her asthma condition was temporary and beyond her or her doctor's control." Shock v Morristown Memorial Hospital/Atlantic Health Systems, Docket No, A-1658-09T2, (NJ Ap. 2010), Decided July 2, 2010 To read more about temporary disability and workers' compensation click here. Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900. -- Posted By Jon L. Gelman to Workers' Compensation at 7/06/2010 07:21:00 AM .