Big D Quality Homebuilders v. Hamilton

This appeal in an industrial accident case presents the question whether a claimant, who has obtained selective employment on his own initiative and is subsequently fired, has shown a change in condition entitling him to compensation for total incapacity until he obtains other employment.

On November 4, 1980, the claimant, Thomas P. Hamilton, injured his back in an accident arising out of and in the course of his employment as a laborer with Big D Quality Homebuilders. The employer and its insurer, Federal Kemper Insurance Company (collectively, the employer), accepted the claim as…