The Wyoming Supreme Court ruled that an injured nurse who failed to seek suitable employment was not eligible for a permanent partial disability pension.
Mary McBride was a nurse when she injured her back and hip while transporting a patient in 2015. While the Department of Workforce Services approved medical supplies for treatment, Ms McBride attended physical therapy and continued to work for some time, but her pain increased. By the end of 2016, the doctor treating her recommended retirement, they say McBride against pre-state relations. Personnel Services DepartmentFiled Friday in Cheyenne.
Ms McBride retired and received temporary total disability benefits in December 2016. Total person loss and the maximum therapy. improvement was achieved.
The doctor recommended work restrictions of lifting no more than 20 pounds and changing positions every five to 10 minutes. Follow-up tests increased her loss rate to 12%, which was used by the Department of Workers’ Compensation to award a permanent partial loss.
In April 2020, Ms McBride applied for a permanent partial disability pension, which was denied because she admitted she was not actively looking for suitable work.
The Office of Administrative Hearing reversed and found that he had made a concerted effort to find work given his health, education, training and experience.
A district court judge then overturned, finding that McBride had failed to provide sufficient evidence that she had been actively seeking work and had failed to provide a medical report showing that she was incapacitated. she was
The Wyoming Supreme Court confirmed that she failed to meet the legal requirements in her search for work, adding that none of the medical providers considered that Ms. McBride was unable, without or without her physical condition deteriorating additional injuries to work, the court said. The verdict said that the preponderance of evidence did not prove there was no suitable work given his health.
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