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Ballard v. Book Heating & Cooling Inc.5/14/1998
FOR PUBLICATION
APPEAL FROM THE WORKERS' COMPENSATION BOARD OF INDIANA
The Honorable G. Terrence Coriden, Chairman
Cause No. C 136922
FOR PUBLICATION
We are asked to decide, as a matter of first impression, whether a claimant is entitled to an award of temporary total disability payments, while simultaneously receiving unemployment compensation benefits. Appellant-plaintiff Lloyd K. Ballard appeals a judgment from the Worker's Compensation Board (Board) entered in favor of appellee- defendant, Book Heating and Cooling Inc. (Book Heating), claiming that the Board erred in denying his claim for temporary total disability payments. Specifically, Ballard contends that the Board's decision denying his claim for temporary total disability benefits while he simultaneously drew unemployment compensation is contrary to law and against public policy.
FACTS
The facts most favorable to the Board's decision reveal that during Ballard's employment at Book Heating, he sustained an injury to his lower back in August of 1995. As a result of this injury, it was eventually determined that Ballard sustained a five percent whole body permanent partial impairment, and was subsequently terminated from Book Heating on February 9, 1996. Immediately thereafter, Ballard applied for, and began receiving unemployment benefits in March of 1996.
On March 5, 1996, Ballard was placed on medical leave by Dr. Timir Banerjee, who had treated Ballard at Book Heating's request. Approximately one week later, Dr. Banerjee diagnosed Ballard with a herniated disc and recommended that Ballard not work for approximately one month. Dr. Banerjee's prescribed treatment included "conservative care and temporary physical restrictions." Record at 6. Ballard continued his medical leave status as ordered by several treating physicians until August 28, 1996, when it was determined that Ballard had reached maximum medical improvement. Thereafter, Ballard applied for temporary total disability benefits under the Indiana Worker's Compensation Act. Following a hearing on February 20, 1997 before an administrative law Judge (ALJ), Ballard was granted temporary total disability benefits from the time that Dr. Banerjee released Ballard from work on March 13, 1996, until August 28, 1996. However, the ALJ also determined that Ballard was not entitled to temporary total disability benefits for the period of time in which he received unemployment compensation benefits. The Board adopted the ALJ's decision on November 3, 1997, and Ballard now appeals.
DISCUSSION AND DECISION
I. Standard Of Review
When reviewing a decision of the Workers' Compensation Board, we are bound by the factual determinations of the Board and will not disturb them unless the evidence is undisputed and leads inescapably to a contrary Conclusion. Rogers v. Bethlehem Steel Corp., 655 N.E.2d 73, 75 (Ind. Ct. App. 1995). We must disregard all unfavorable evidence and must examine only that evidence and the reasonable inferences therefrom which support the Board's findings. Four Star Fabricators, Inc. v. Barrett, 638 N.E.2d 792, 794 (Ind. Ct. App. 1994). Further, this court neither reweighs the evidence nor Judges the credibility of the witnesses. Id. We pay due deference to the interpretation of a statute by the administrative agency charged with its enforcement in light of its expertise in its given area. Natural Resources Comm'n v. Porter County, 576 N.E.2d 587, 598 (Ind. 1991).
II. Entitlement To Temporary Total Disability Benefits
Ballard claims that the Board erred in determining that he was precluded from receiving temporary
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