Duhaime's Law Dictionary


Healing Period Definition:

A term of disability insurance which bridges, in time, the employee between the injury or sickness, and maximum medical improvement.

In Wright, Judge Moore wrote:

"The healing period is the period during which an employee is recovering from the injurious consequences of the work-related accident to the point the employee's condition stabilizes, i.e., the date the employee reaches maximum medical improvement."

Similarly, Judge Wright, in Luten:

"When an injured employee is totally incapacitated from earning wages and remains in his healing period, he is entitled to temporary total disability.

"The healing period ends when the employee is as far restored as the permanent nature of his injury will permit, and if the underlying condition causing the disability has become stable and if nothing in the way of treatment will improve that condition, the healing period has ended.

"Conversely, the healing period has not ended so long as treatment is administered for the healing and alleviation of the condition.

"The determination of when the healing period has ended is a factual determination...."

Finally, this very similar definition in Murphy by Justice Bird:

"The healing period continues until the employee is as far restored as the permanent character of the injury will permit."

REFERENCES:

  • Luten v. Xpress Boats & Backtrack Trailers, 285 SW 3d 710 (Court of Appeals of Arkansas, 2008)
  • Murphy v. Forsgren Inc., 258 SW 3d 794 (Court of Appeals of Arkansas, 2007)
  • Wright v. Hatley Health Care Inc., 980 So. 2d 1024 (Court of Civil Appeals of Alabama, 2007)

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