Tim A. Moneypenny v. Summit Environmental Services, LLC

Summary

The West Virginia Supreme Court of Appeals affirmed the Board of Review’s decision awarding Tim A. Moneypenny temporary total disability benefits for the period from January 14, 2013, through February 28, 2013, following corrective hernia surgery. The court rejected Moneypenny’s argument that benefits should have begun immediately after surgery or that his termination affected his eligibility.

Holdings

1. The claimant was entitled to temporary total disability benefits from January 14, 2013, through February 28, 2013, because the evidence supported the physician’s certification of temporary total disability during post-surgical recovery for the compensable injury.
2. The claimant’s July 2012 termination did not prevent him from receiving temporary total disability benefits for the later period of post-surgical disability, and the Board of Review did not hold otherwise.

Questions Presented

1. Whether the claimant was entitled to temporary total disability benefits from January 14, 2013, through February 28, 2013, following corrective surgery for a compensable recurrent hernia.
2. Whether the claimant’s prior termination from employment barred or otherwise affected his eligibility for temporary total disability benefits.

Disposition

affirmed