Loasiga v. SS Carpenter & Remodeling, Inc. / Amtrust

JCC Weiss (Ft. Myers) (10-21-26) (Andy Borah) – PTD DENIED. The claimant sought PTD and Supplemental benefits from 12/2/25 to the present and continuing. The claimant was injured when he fell 13-20 feet, landing on his back/left side. The claimant was placed at MMI by Dr. Rajadhyaksha for his lumbar spine on 1/17/25 with no lifting more than 20 pounds and no repetitive bending. Dr. Epstein placed the claimant at MMI for the cervical spine on 1/23/25 with no lifting greater than 15 pounds. Dr. Herrera placed the claimant at MMI for the left shoulder on 12/1/25 with no lifting more than 20 pounds and no overhead activities with the left arm. The E/C argued the claimant could work a sedentary job within a 50-mile radius of his residence. On the date of his 7/8/26 deposition, the claimant had only looked for work on one day and only applied to four jobs. He named a bakery and Door Dash as two other jobs. There was no additional documentation of a job search. The claimant’s vocational expert, Ed Filpes, stated the claimant’s work restrictions, an unsuccessful job search and lack of transferrable skills preclude the claimant from engaging in sedentary employment within a 50-mile radius of his residence. E/C’s vocational expert, James Sullivan, found three sedentary jobs within a 50-mile radius of the claimant’s home that the claimant could perform.  The JCC cited the Blake v. Merck and Co 43 So.3d 882 (Fla. 1st DCA 2010) guidelines as applied in Gulf Management Inc. v. Wall 375 So.3d 296, 304 (Fla. 1st DCA 2023) and noted both cases hold claimant must not be able to engage in at least sedentary employment. The claimant’s lifting restrictions allow for light-duty jobs. Further, both vocational experts agreed the claimant is able to engage in the full range of sedentary employment.  Therefore, the JCC found that the claimant was able to engage in at least sedentary employment. The JCC found the claimant did not engage in the “exhaustive job search” as discussed in Blake and Gulf Management. The JCC found the claimant failed to meet his burden to prove he is unable to engage in at least sedentary employment within a 50-mile radius of his residence due to his physical limitations.  Click here to view Order