Martinez v. F.P.G Wholesale Inc. & Associated Industries/Amtrust North America of Florida

HR Law Cases

Andrew R. Borah


JCC Medina-Shore (Miami)(6-12-19) – Denied claim for TPD benefits, penalties, and interest. The claimant was involved in a compensable accident sustaining injuries to his back. The E/C authorized treatment and the claimant was placed on light duty restrictions. The Employer provided the claimant with two assistants so that he could work within his assigned restrictions. However, the claimant stopped working because the pain in his back was too much to handle and he was no longer being paid for the time that he expended at medical appointments. Fifteen days prior to the Final Hearing, the E/C sent a renewed job offer, which paid the same hourly rate for the same amount of hours as the claimant worked pre-accident. The E/C argued and the JCC agreed that the claimant’s refusal to work was a voluntary reduction in income pursuant to Section 440.15(6).
View JCC Merits Order