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CROSS v. CRAWFORD COUNTY MEMORIAL HOSP.6/19/1996
This is an appeal from the Workers' Compensation Commission's order affirming and adopting the administrative law judge's decision denying appellant's claim for wage-loss disability benefits. On appeal, appellant argues that there is no substantial evidence to support the Commission's denial of wage-loss disability benefits. We agree that the Commission's decision cannot stand, and we reverse.
The record reveals that appellant was a fifty-nine-year-old practical nurse who worked for appellee for twenty-four years. She has a seventh grade education and worked her way to the position of nurse's aide. Appellant attended LPN school and passed her state boards before taking the position with appellee. Her duties as a practical nurse included total patient care. She was assigned four or
five patients whom she bathed and fed. She also administered medication to those patients. The record also indicates that appellant's job required heavy lifting and repetitive bending.
On December 9, 1991, she sustained an admittedly compensable injury to her back and was assigned a 10% anatomical impairment rating. Appellee paid temporary partial disability benefits until March 10, 1994, and permanent partial disability benefits based on a 10% permanent physical impairment rating. In June 1994, appellant was laid off along with twenty other employees. Appellant testified that she has sought employment since the lay-off, but she has not been able to find employment.
The medical evidence reflects that appellant was seen by Dr. Richard D. DeKok, Director of Physical Therapy with Crawford Memorial Hospital. On June 28, 1994, Dr. DeKok noted that it was his goal as far back as December 1993 that appellant could increase to an eight-hour light duty shift with certain restrictions. The record indicates, however, that appellant returned to light duty in July 1993, and was provided only a four-hour work day until she was laid off in June of 1994. Appellant testified that she went back to work expecting an eight-hour day, and she did not understand why she was only given four hours. She also said that she never refused to work. Appellant stated that even though the work bothers her physically, she would rather work than draw social security disability.
Appellant also testified that when she returned to light duty in 1993 she discussed attending classes at Westark Community College with Ms. Jo Hilgendorf, appellee's Human Resource Director. Appellant said that she checked the class schedule and contacted Ms. Hilgendorf. According to appellant, Ms. Hilgendorf said that she would "get back with her", but Ms. Hilgendorf never called her back to confirm the courses. Appellant also stated that she was not made aware that appellee would be responsible for the cost of the courses. Appellant filed a claim requesting additional temporary total disability benefits and wage-loss disability benefits.
At the hearing, appellant was the only witness to testify. It was not until approximately nine days after the hearing that Ms. Hilgendorf's deposition was taken. She testified that appellee would cover the costs of courses at Westark College and have a position for appellant if she completed the courses and if a job were available.
Appellant gave a deposition in response to that of Ms. Hilgendorf in which she said that she would be willing to go to Westark College for training in typing and computer skills if appellee shouldered the costs.
The ALJ stated in his opinion:
If the claimant successfully completes the courses required at Westark Community College and if the respondent/employer rehires the claimant at a wage equal to or greater than the wage
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