Walking Dog, not Seeking Job, Halt PPD Benefits for Nurse with Injured Back

Sheridan, WY (WorkersCompensation.com) -- In Wyoming, an employee may obtain partial permanent disability benefits only if she shows she actively sought suitable work, considering her health, education, training, and experience.   

The Wyoming Supreme Court found that a former registered nurse in McBride v. State of Wyoming, No. S-21-0296 (Wyo. 08/19/22) failed to do that. The one-time nurse hurt her back and hip while moving a patient from his bed to a wheelchair. She ultimately sought permanent partial disability benefits because of the injury. 

In asserting that she was entitled to those benefits, the worker pointed to a doctor’s conclusion that if she continued working as a nurse, the physical demands of the position would cause her back injury to flare and increase her pain.  

The Office of Administrative Hearings awarded the nurse PPD benefits, but a state district court reversed that decision. The court concluded that the nurse failed to show she was actively seeking work.  

This was not a case, the court observed, where the individual was in such debilitating physical condition that she could not reasonably return to work without diminishing her physical state or causing additional injury.   

And there were the nurse’s own words to consider. The court pointed out that the employee did not testify that she could not work. “Instead, she conceded that she was not looking for work.”   

Holding that the nurse did not make sufficient efforts to seek employment, the court affirmed the district court’s ruling. 

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