A man who took up several full-time positions at other companies after his workplace back injury is not entitled to compensation for employees, a court of appeal ruled on Wednesday.
I Potter v. Kelly Services Inc . , Arkansas Court of Appeals, Division II unanimously upheld a decision of the Arkansas Workers' Compensation Commission denying total temporary disability to the worker.
Daniel Potter worked for temporary staffing company Kelly Services when he was injured while unloading trucks at an Ashley Furniture. stock. He said he experienced back pain that stretched down the side of his right leg after he pulled down a heavy chest without help.
He reported the injury to his supervisor and was diagnosed with muscle spasms and a back contusion by the doctor for compensation to workers. , who placed Mr. Potter on seven days of limited work. The doctor also said that he provided Mr. Potter with movement exercises and back exercises to perform at home and set up a follow-up visit, even if Mr. Potter denied that he received exercises or was informed of the second visit. [1
Kelly Services claimed before a judge in the administrative court that it tried to contact Mr. Potter several times to offer him modified work within his limits, but said he did not contact the company and eventually abandoned his position and accepted a job elsewhere.
He applied for total temporary disability benefits related to his back injury, but the judge in the administrative court denied his request and found that he was not credible since he started working for other companies shortly after his accident and did not complain of back pain at medical meetings – even though he had many for various diseases – over an eight-month period. The Commission confirmed the decision and Mr Potter appealed.
The Board of Appeal upheld the decision. Although Mr. Potter claimed that the workers' doctors were "rude and hateful", why he did not return to him, and that his back pain gradually got worse, the court noted that Mr. Potter accepted several fulfilling jobs with no restrictions not long after his injury and that he in medical records denied any acute injuries and did not mention his workplace accident, but rather said that his symptoms were related to manual work he performed at one of the services he held at another company in the months following his accident. Catalog