Davis v. General Motors, 2018 ACO #30

1. PROCEDURAL HISTORY
a. Magistrate McAree ordered full workers’ comp benefits at the rate of $739.00 per week and continuing at full rate
b. WCAC affirms there was an injury, but reverses finding partial disability

2. FACTS
a. Plaintiff injured his back and had four back surgeries; case voluntarily paid for three years.
b. Defendant reduced from $739.00 to $554.00 based on a residual wage earning capacity
c. Defendant further reduced to $517.00 taking a post age 65 reduction

3. DECISION
a. WCAC reversed the Magistrate’s findings of total disability and reinstated the reductions of the benefit rate made by the defendant
b. Decision was based upon the testimony of the medical experts and vocational experts that plaintiff had not established total disability