Sanford Nursing & Convalescent Center v. Lowery

I respectfully dissent. The majority now reverses the d.c.’s order directing the e/c to pay claimant TTD benefits for a period of time slightly more than two months. I agree with appellant that the medical testimony alone was insufficient to support an award of TTD. Medical testimony, however, is not the only criterion in determining whether a work search is adequate. The rule is that in the absence of medical testimony showing a claimant’s inability to work, TTD benefits may yet be recovered if the claimant conducts a diligent work search revealing his or her inability to work. See…