Zwiener v. Becton Dickinson-East
Annotate this CaseEmployee suffered a shoulder injury arising out of the course of his employment with Employer. Employee subsequently resigned his employment with Employer and began working for another company. Employee later filed a petition against Employer in the compensation court, seeking temporary total disability (TTD) benefits. The compensation court awarded Employee TTD benefits for the periods he was unable to work due to postsurgery restrictions. The Supreme Court affirmed the award of TTD benefits, holding that an employee who leaves a job with an employer responsible for an injury in order to pursue more desirable employment does not waive TTD benefits simply because the employer responsible for the injury would have accommodated light-duty restrictions during postsurgical recovery periods necessitated by the injury.
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