Vocational – Return to Work Matters: Available for Work

Derlatka v. Pacific Employers' Ins. Co. [7/20/98] 1998 MTWCC 57 Mill worker who received surgery for elbow problems (medial epicondylitis) following mill closure was entitled to temporary total disability following surgery and before MMI even though he performed some work for his daughter's cleaning service prior to MMI. The Court was not persuaded claimant's work for his daughter proved he was able to work in the labor market prior to MMI. He was not entitled to TTD benefits, however, on the dates he actually worked for his daughter.