Crispin v. Orlando Rehabilitation Group dba Clermont Nursing & Rehab Center / Gallagher Bassett
Scott B. Miller
JCC Sojourner (Orlando)(2-20-19) – JCC denied claimant’s claim for reclassification of PTD to TTD. Claimant was 73 years old at the time of the accident. She was placed at MMI and voluntarily accepted as PTD. The claimant’s PTD benefits under section 440.15(1)(b) are limited to five years. The claimant then underwent surgery and MMI was rescinded for a period of weeks. The claimant argued PTD should be suspended and TTD benefits paid until the claimant was again placed at MMI. The JCC agreed with the E/C that the five year limitation is a calendar five years and not a bank of five years, as the statutory language is clear and unambiguous.
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