Workers' Compensation Rule 13. And if the IME is rescheduled and a report generated, the carrier has an affirmative obligation to file that report with the Department. Its failure to do so in this case was entirely improper. If claimant was temporarily totally disabled when he was released, he is entitled to the resumption of benefits, notwithstanding the Form 27 filed by the defendant in June 1995. A claimant is totally disabled from work until he reaches a medical end result or successfully returns to work.
Defendant maintains that claimant's work in prison demonstrated a successful return to work.
Claimant contends that he never successfully returned to work while in prison. What he did in Windsor was too little to be considered work, he argues, and his time in the lawn mower repair service was really recreation, not work. Claimant concedes that what he did at the work camp at Caledonia is a more difficult question. From December 1995 to August 1996 claimant worked between two and five hours per day. Claimant swept sidewalks, papered and painted walls, sanded and finished floors, and picked up trash.