March 2010


File this one under obvious decisions: Claimant asserts temporary partial disability benefits for a four month period.  The E/C asserts that Claimant is not entitled to any TPD payments since he voluntary limited his income during the entire time.  After a trial, the Judge found that Claimant was entitled to the entire period of TPD payments except for one week (presumably Christmas vacation). 

The E/C then filed a motion to tax costs under s. 440.34 for winning the one week of denied benefits. 

What do you think happened?

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If you play baseball with blinders, than you will only see half of the field and expect to get beaned in the head.  At least that ‘s what my grandpa told me.  The same can be applied to claims adjusting.  In this case, the fact that the Legislature removed Claimant’s right to a second opinion does not mean a Claimant can never receive a second opinion.

Case in point, Florida Detroit v. Nathai.  Here the First DCA found Claimant was entitled to a second opinion.  (more…)