Montgomery v. Delta Airlines

Melvin Mayfield, Judge.

The issue in this appeal from a decision of the Workers’ Compensation Commission is the amount of the weekly benefits the employee is entitled to as a result of his permanent total disability. The resolution of this issue involves the distinction between the terms “time of injury” and “time of accident.”

Appellant Donald Montgomery suffered a compensable back injury on May 8, 1979. He received medical treatment, returned to his regular job and continued to work until he became totally disabled on March 1, 1983. In an opinion issued on April 8, 1987, the appellant was…