Van Dyke v. Industrial Claim Appeals Office

Opinion by

Judge NEY.

Phyllis Van Dyke, claimant, seeks review of a final order of the Industrial Claim Appeals Panel determining that she was not entitled to temporary disability benefits subsequent to October 13, 1986, the date she reached maximum medical improvement. We set aside the order.

The claimant suffered an admitted lower back injury on June 25, 1986. However, on June 27, 1986, the claimant was terminated by her employer based on an incident that had occurred five, days prior to her injury. In May 1989, the Administrative Law Judge (ALJ) determined that the claimant was not “at fault”…