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Temporary Total Disability (TTD) Benefits and Credit for
Wages Paid
General
Motors, LLC v. Giovanni Smith, 2024-CA-0367-WC (7/12/24 KY
Court of Appeals, To Be Published, not final)
Smith was employed by GM for 13 years working on the assembly
line. In February of 2021, he began having pain in his right hand and wrist
which he reported in March. He was pulled off the line on August 10, 2021 due
to his injury and moved to a different position until March 29, 2022, when he
first went off work. He underwent carpal tunnel surgery on July 13, 2022 and
was released to full duty, without restrictions, on September 12, 2022. He
returned to a different position following surgery and testified that he did
not believe he could return to his pre-injury position. Smith testified that
his position from August 2021 through March of 2022 involved cleaning and
make-work projects, or no work at all. Dr. Bloemer (PL IME) diagnosed an
arthritic condition as well as CTS due to work, opining that Smith is incapable
of returning to his pre-injury position. Dr. Nicoson (Def IME) found the CTS to
be work-related but felt the arthritis was not. He assessed permanent
restrictions that would not prevent a return to the pre-injury position. Both
doctors agreed that Smith reached MMI on October 13, 2022.
The ALJ awarded TTD from August 1, 2021 to October 13, 2022, with no credit for
wages paid and PPD benefits with a 3x multiplier. GM appealed, arguing that TTD
should not begin until March 29, 2022 or, in the alternative, that they should
receive a credit for wages paid during this time. The Court of Appeals affirmed
the TTD award, finding that Smith was not at MMI and had not reached a level of
improvement that would permit a return to employment. The Court also upheld the
denial of the credit because GM failed to provide paystubs showing the net
wages after taxes. GM also appealed the application of the 3x multiplier. The
Court of Appeals upheld the award of the 3x multiplier, finding that the
substantial evidence supported the award.