' EUGENE MATTHEWS, APPELLANT,
v.
NATIONAL PUMP COMPRESSOR, APPELLEE
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Florida appellate court reversed denial of temporary partial disability benefits, holding that the claimant's injury-related restrictions established a causal nexus to wage loss without requiring proof of job search efforts.
A claimant with injury-related restrictions causing wage diminution is entitled to temporary partial disability benefits based on the causal relationship between restrictions and wage loss, regardless of job search efforts.
[1] Temporary partial disability benefits are warranted when injury-related restrictions cause a diminution in wages, and the claimant's failure to conduct a job search does…
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Join FLexlaw to unlock all legal intelligenceClaimant suffered a compensable back injury that imposed restrictions preventing him from working as a truck driver. He subsequently worked in modifie…
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In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) which denies his claim for temporary partial disability (TPD) benefits, along with penalties, interest, costs, and attorney’s fees. Claimant argues the JCC erred by finding the evidence did not establish a causal relationship between his injury-related restrictions and his subsequent loss of wages. We agree, and reverse.
The JCC found Claimant’s restrictions, which resulted from a compensable back injury, prevented him from performing his pre-injury job as a truck driver. The JCC also found Claimant’s restrictions caused a diminution in wages to the extent that Claimant was entitled to TPD benefits while working in modified post-injury employment. Nevertheless, the JCC denied TPD benefits because Claimant did not perform a sufficient job search after leaving his post-injury employment for reasons which the JCC found unjustified. Because the JCC did not have the benefit of this court’s decision in Wyeth/Pharma Field Sales v. Toscano, 40 So.3d 795 (Fla. 1st DCA 2010), we REVERSE and REMAND for reconsideration of Claimant’s entitlement to TPD benefits from April 7, 2009, through August 13, 2009, based on the aforementioned authority.
On remand, the JCC, in determining Claimant’s entitlement to TPD benefits, shall consider section 440.15(7), Florida Statutes (2008) (“Employee Leaves Employment”), and determine whether Claimant has achieved maximum medical improvement.
ROBERTS and MARSTILLER, JJ., concur.
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Aisha van Dyke v. Matrix Emp. Leasing & Fwciga/First Commercial Ins. Co. or Fcic c/o Usis, 54 So. 3d 642 (Fla. 1st DCA 2011)…od (along with the claims for penalties, interest, costs, and attorney’s fees pertaining to this issue) for additional proceedings. See id.; see also Alie v. Crum Staffing, Inc., 41 So. 3d 1007 (Fla. 1st DCA 2010); Matthews v. Nat’l Pump Compressor, 41 So. 3d 982 (Fla. 1st DCA 2010). We affirm the JCC’s denial of the remainder of compensation benefits at issue, because competent substantial evidence supports the JCC’s finding that Claimant no longer had work restrictions as of March 1, 2005. See § 440.15(4)(…
Authorities Cited
- Wyeth/Pharma Field Sales & Gallagher Bassett v. Toscano, 40 So. 3d 795 (Fla. 1st DCA 2010)