Beilharz v. Florida Paints and Coatings, LLC / Amtrust

JCC Weiss (Orlando) (Andrew Borah) (9-29-2026) – Denied increase of AWW, denied TTD/TPD. The claimant sustained a compensable work accident where he injured his lumbar spine. He was eventually placed at MMI on 6/6/25 from neurosurgery. While the pain management doctor testified that the claimant was not at MMI, the JCC found the claimant has been at MMI since 6/5/26 from a pain management perspective since the pain management doctor only provided medication management since 6/5/25, which he classified as palliative treatment. As such, the JCC denied any further indemnity benefits after 6/6/25. The JCC also found the E/C paid the claimant indemnity correctly prior to 6/6/25. The claimant argued the original neurosurgeon had the claimant on a no-work status, but the JCC held that doctor was no longer authorized and his opinions were not in evidence. In terms of the AWW, the claimant argued a $500 bonus the claimant received should be included in the AWW for each of the 13 weeks prior to the D/A. The E/C argued only 1/13 of the $500 should be included each week in the AWW calculation. The JCC found the E/C’s calculation to be correct.   Click here to view Order