Joseph v. Consulate Health Care / XL Specialty Insurance Company / Alternative Service Concepts

HR Law Cases
JCC Arthur (Tampa) (Paul Terlizzese) (10-9-23) – Denied PTD benefits, TTD benefits and impairment benefits. In this claim, defended by HR Law Shareholder Paul Terlizzese, the claimant was a registered nurse who injured her back during a patient transfer.  She had low back surgery.  The claimant reached MMI in March 2020.  The claimant’s permanent work restrictions included no lifting or carrying greater than 10 pounds and no repetitive bending or twisting.  A later FCE indicated the claimant could occasionally lift up to 25 pounds, sit occasionally, walk frequently, continuously bend, occasionally kneel, stair climb and engage in foot tasks.  The claimant failed to present vocational testimony and failed to prove an exhaustive and unsuccessful job search.  The JCC therefore denied PTD benefits and also denied temporary benefits that were sought after the date of MMI.  The claimant also failed to present evidence showing a rating greater than that assigned by the treating physician, which had been accepted by the E/C.  Click here to view Order