Constantine v. Home Insurance Co.

SCHOTT, Chief Judge.

In this worker’s compensation case the Office of Worker’s Compensation of the Department of Labor (OWC) awarded plaintiff weekly benefits for temporary total disability from March 30, 1988 “until he is physically able to return to [work].” Defendants, his employer and insurer, did not object to the award and paid him until October 5, 1988, when they discontinued the payments on the basis of medical reports that he could return to work. Granting plaintiff’s motion for summary judgment, the trial court awarded a lump sum to cover accrued, unpaid benefits plus interest,…