Larry Eugene Douglas v. Dura-Craft Millwork, Inc., et al.

Employee injured his neck in the course of his employment. While he was receiving treatment for that injury, his doctors discovered that he had a serious spinal condition. The treating doctors testified that this condition was unrelated to his work injury. After receiving treatment, Employee returned to work at his previous job. Several months later, his position was eliminated. He declined an offer of alternate employment. The trial court found that he did not have a meaningful return to work and awarded 65% permanent partial disability (“PPD”) to the body as a whole. On appeal, Employer contends that the trial court erred by adopting the impairment rating of an evaluating physician and by finding that Employee did not have a meaningful return to work. We agree and modify the judgment accordingly.1