Disability: Temporary Total

Derlatka v. Pacific Employers' Ins. Co. [7/20/98] 1998 MTWCC 57 Mill worker who received surgery for elbow problems (medial epicondylitis) after mill closed was not entitled to additional TTD for period between mill closure and scheduling of surgery. Although he had elbow problems, claimant was working prior to the mill closure. No doctor took him off work. While he may have become disabled at some point prior to the scheduling of surgery, he has not carried his burden of proving a date of disability to the Court. He is entitled, however, to TTD benefits from the date surgery was scheduled, when it was plain he had become totally disabled, to the date of surgery, and from the date of surgery to MMI, less periods he actually performed work for his daughter's cleaning company. The Court was not persuaded claimant's work for his daughter proved he was able to work in the labor market prior to MMI. As a matter of fact, the Court found claimant temporary totally disabled between the date of surgery and MMI.