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Sherry Greene v. Heartland Employment Services

WVAApril 24, 2014No. 12-1482
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The West Virginia Supreme Court affirmed the Board of Review's decision upholding the closure of Ms. Greene's workers' compensation claim for temporary total disability benefits, finding that the employer/insurer properly closed the claim after the injured employee reached maximum medical improvement for her compensable right elbow injury.

What This Ruling Means

**What Happened** Sherry Greene was injured at work and hurt her right elbow. She received workers' compensation benefits that paid her while she couldn't work (called temporary total disability benefits). Her employer's insurance company later decided to stop these payments, claiming she had reached "maximum medical improvement" - meaning her condition had stabilized and wouldn't get significantly better with more treatment. Greene disagreed and fought this decision. **What the Court Decided** The West Virginia Supreme Court sided with the employer and insurance company. The court agreed that Greene's workers' compensation claim could be properly closed because she had indeed reached maximum medical improvement for her elbow injury. This meant the insurance company was right to stop paying her temporary disability benefits. **What This Means for Workers** This case shows that workers' compensation benefits aren't permanent - they can end when doctors determine your injury has healed as much as it's going to. If you're receiving temporary disability payments, be prepared that they may stop once your doctor says you've reached maximum medical improvement, even if you still have some ongoing pain or limitations. Workers should understand their rights and consider getting a second medical opinion if they disagree with this determination.

This summary was generated to explain the ruling in plain English and is not legal advice.

More Rulings in This Case

Other orders and opinions in Sherry Greene v. Heartland Employment Services from the same court.

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