from the Worker's Compensation Board of Indiana
Application No. C-227286 The Honorable Linda Peterson
Attorney for Appellant Carol Modesitt Wyatt Dugan &
Voland, LLC Indianapolis, Indiana
Attorney for Appellee Charles S. Hewins Hewins Law Firm
Masterbrand Cabinets ("Masterbrand") appeals a
decision of the Indiana Worker's Compensation Board
("Board") awarding temporary total disability
benefits to Douglas Waid. We affirm.
Masterbrand raises one issue, which we restate as whether the
Board properly awarded temporary total disability
("TTD") benefits to Waid following an on-the-job
injury and a termination from his job for misconduct.
Masterbrand hired Waid in June 2013 as a production
associate, which involved doing physical labor. During his
employment Waid was "coached" for his workplace
conduct on several occasions regarding anger issues. Tr. p.
49. On June 6, 2014, Waid slipped while working and injured
his lower back. Waid promptly notified his supervisor of the
injury, but he initially thought that medical care would be
unnecessary. However, Waid's pain got worse, and
Masterbrand eventually referred him to Dr. James Butler. Waid
saw Dr. Butler on June 24, 2014, complaining of shooting
pains in his back and pains down into his leg. Dr. Butler
determined that, "to make an absolute causation
determination, " he needed medical records related to
Waid's prior back problems. Ex. p. 7. Dr. Butler returned
Waid to "full duty." Id. Waid disagreed
with the full duty recommendation, but he did try to return
to work. After working a full shift, he was unable to get out
of bed the next day. On June 26, 2014, he returned to work.
Waid got into a verbal altercation with his supervisor
regarding his back pain and his lack of work restrictions. He
threw his ice pack, nearly striking another employee, and
cursed at his supervisor. Masterbrand suspended Waid and
terminated his employment effective July 2, 2014.
Waid returned to Dr. Butler on July 1, 2014, and Dr. Butler
placed Waid on restrictions of "max lifting of 20 lbs
and change position as often as needed." Id. at
12. On July 28, 2014, Waid had another appointment with Dr.
Butler. Waid continued to complain of severe pain, and Dr.
Butler ordered physical therapy but removed the work
restrictions. On September 29, 2014, Dr. Butler released Waid
from treatment, found maximum medical improvement
("MMI"), and assigned a three percent whole-person
In October 2014, Waid filed a motion to compel an independent
medical examination ("IME") by an orthopedic
surgeon or a neurosurgeon. After a hearing, the Single
Hearing Member found:
2. Plaintiff immediately reported the injury to his employer.
3. Plaintiff initially told his employer that he felt he
would be okay and advised that he did have prior back
4. Over the ensuing weekend the condition became worse and
5. Plaintiff reported the increase in symptoms to his
employer but there was no immediate follow up.
6. Plaintiff was finally seen for medical examination on June
24, 2014 by James Butler, M.D. Dr. Butler seemed to be more
focused on making a causation determination than active
treatment. Dr. Butler declined to place any work restriction
in spite of Plaintiff's ongoing complaints of pain and
7. With respect to Plaintiff's medical history with his
back, he advised Defendant and freely admitted in testimony
to his past history. He established through the evidence,
however, that by June 6, 2014 he was unrestricted in his
physical abilities and doing his full function for Defendant.
8. Plaintiff was continuing to have difficulty doing
full-duty, as Dr. Butler advised Defendant Plaintiff could so
perform, and was upset about the impact the full-duty work
was having on his back pain.
9. One of Defendant's representatives advised Plaintiff
that either he could do the job or they would get someone who
would. Plaintiff was terminated shortly thereafter.
10. Plaintiff saw Dr. Butler on July 1, 2014 and, after
Plaintiff advised Dr. Butler that Defendant had terminated
him, Dr. Butler only then imposed a twenty (20) pound weight
11. After receiving a new MRI and comparing it with a prior
one, even though Plaintiff continued to have sharp pain in
his back and in his leg, which Plaintiff describes as almost
unbearable, Dr. Butler released Plaintiff at maximum medical
12. The Single Hearing Member finds that the appointment of
an independent medical examiner pursuant to Indiana Code
22-3-4-11 is ...