Barbury v. Duckwall Alco Stores, Inc.

Leben, J.;

Joseph Barbury was off work for nearly 90 weeks after being injured on the job, and he received temporary-total-disability payments for that time period. When he returned to work, he received a permanent-partial-disability award for just over 110 weeks, which reflected the statutorily scheduled 200 weeks for his injury after subtracting the nearly 90 weeks he had received for temporary benefits. Barbury claims that his permanent award should have been for 200 weeks, without the reduction for his temporary benefits. But the director of workers compensation has adopted a regulation…