MPS Industries v. Levine

In this workers’ compensation case the E/C challenge the deputy commissioner’s award of temporary total disability benefits from October 6, 1980, until October 26, 1981. We reverse.

The claimant sustained a compensable industrial accident resulting in an injury to his right shoulder. He received medical treatment, and was released to return to work by Dr. Jones on October 6, 1980. On October 26, 1981, the claimant returned to Dr. Jones who at that time opined that the claimant had reached maximum medical improvement, with a 15% impairment of the shoulder. During the intervening year, the…