Ken Brock (Atlanta, GA) (Workers’ Compensation) defended Playcore Group and Ace American Insurance Company c/o ESIS at a hearing before Judge Richard H. Sapp, III. The case involved a medically compensable claim whereby the claimant was injured on August 4, 2021, when he slipped and fell on wet concrete while working as a mixer. He alleged an injury to his neck and was authorized to undertake treatment under workers’ compensation. A few days later, on August 9, 2021, the claimant was seen at Adventist Medical Group. He was seen again on August 26, 2021, and recommended for physical therapy. On both occasions, he was released to light duty with restrictions of no lifting over 15 lbs. and no twisting. There was no further medical treatment undertaken by the claimant for the next two years, until an IME was performed on July 27, 2023. The sole issue presented for adjudication at hearing was the claimant’s request for TTD benefits from September 20, 2021, forward and continuing. For his part, the claimant testified that following his work accident he continued working for Playcore Group for approximately six weeks, but that the company did not honor his light duty restrictions. He further alleged that his symptoms worsened, and that he did not undertake any additional, full-time employment after his last day of work with Playcore.
On cross-examination, however, the claimant admitted that he began working for a relative on a chicken farm as early as November of 2022, at least 2-3 days per week earning $110.00 per day. He further admitted that he eventually stopped working at the farm because he had some “savings”. Additionally, 2 witnesses testified on behalf of Playcore Group. Mr. Lopez spoke about how the claimant was accommodated with light duty work and told not to exceed his work restrictions. Ms. Figueroa echoed this point, and specifically discussed a conference in September of 2021 whereby the claimant was reminded of his 15 lb. work restrictions. She also noted how the claimant was difficult to reach in terms of trying to assist him with medical care. Furthermore, she testified that the same modified duty job had been and continued to be available. Upon review of all testimony and evidence, Judge Sapp concluded that the claimant failed to meet his burden of proving entitlement to TTD benefits. He found the evidence demonstrated that the employer provided suitable modified duty work within the claimant’s assigned restrictions, and there was no justification for the claimant’s failure to remain on the job being offered. Finally, he determined that while the IME physician imposed a more restrictive release on July 27, 2023, the claimant failed to prove these more restrictive limitations were related to the on-the-job injury.