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Minter v. Tyson Foods Inc.

The superior court erred in remanding an award of temporary total disability benefits for further factual and legal analysis, where some evidence supported the award.

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After the State Board of Worker’s Compensation “State Board” awarded income benefits to Diane Minter, the superior court reversed the award and remanded the case to the State Board. We granted Minter’s application for discretionary appeal. For reasons that follow, we affirm in part and reverse in part. Viewed in a light favorable to Minter,1 the record reveals that Minter sustained several work-related injuries while employed by Tyson Foods, including a finger injury, carpal tunnel injury, and back and shoulder injuries. On September 27, 2001, while Minter was still on light duty work as a result of her back and shoulder injuries, Tyson Foods began a general lay-off of employees because it was renovating part of its plant. The plant re-opened in October 2001, and workers were recalled based upon seniority.

On October 11, 2001, Minter underwent surgery that was unrelated to her work injury and as a result of that surgery was unable to work for six weeks. During this time, Tyson Foods offered her the opportunity to return to work in a regular duty position. According to Minter, however, she continued to have limitations as a result of her work injuries. Although several other Tyson employees were recalled in light duty positions, Minter was never offered a light duty job.

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