[net-gold] [Workers' Compensation] Temporary Benefits Due During Period of Unrelated Med...

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
  • To: Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K12ADMIN@xxxxxxxxxxxxxxxxxxx, net-gold@xxxxxxxxxxxxx, NetGold <netgold@xxxxxxxxxxxxxxx>
  • Date: Tue, 6 Jul 2010 14:04:57 -0400 (EDT)




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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...



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[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.

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Posted By Jon L. Gelman to Workers'
Compensation at 7/06/2010 07:21:00 AM

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