McDonald v. Townsend

McMurray, Presiding Judge.

The issue presented by this workers’ compensation case can be summarized as follows: Where a claimant reaches maximum improvement and is able to return to work without restrictions, must an employer demonstrate “availability of work” in order to prevail upon a change in condition claim?

Claimant Curtis G. Townsend was injured on April 18, 1983, when he fractured the little finger of his right hand. The injury was compensable and claimant received temporary total disability benefits. Following surgery, claimant’s physician determined that claimant reached maximum…