Gibson v. Boh Bros. Construction Co.

WILLIAMS, Judge.

Boh Brothers Construction Company [“BBCC”] appeals a decision of the trial court finding plaintiff Tyrone Gibson to be temporarily totally disabled. The trial judge referred to plaintiff as totally disabled in his reasons for judgment; there was no mention of whether the disability was permanent or temporary. Because benefits were awarded so long as the disability existed, we will consider the court’s finding to be one of temporary total disability.

On May 1, 1985, plaintiff was working for BBCC, where he had been employed doing physical labor for four and one-half years. He…