Overview: This case involved a workers’ compensation claim that came before the Judge of Compensation Claims in Fort Myers, Florida, and was conducted through a combination of in-person and virtual hearings. The primary issue revolved around the petitioner, represented by Stacy Ortiz, seeking Temporary Partial Disability (TPD) benefits from May 24, 2022, to October 5, 2022, and Permanent Total Disability (PTD) benefits from February 22, 2023. Daniel DeMay, Esq., represented the Employer/Carrier.
Background: The claimant, Stacy Ortiz, alleged injuries on three different dates of accidents (March 15, 2019; November 20, 2020; and December 20, 2020) but pursued benefits only for the November 20, 2020, incident. The Employer/Carrier (EC) contested the claims, arguing that the major contributing cause of the injuries was not work-related.
Key Findings:
- The Judge of Compensation Claims had jurisdiction over the parties and the claim.
- Stipulations entered into by the parties in the pretrial stipulation were adopted as findings of fact.
- Unresolved issues from the petitions for benefits were presumed resolved or abandoned.
- The court previously ruled on the March 15, 2019, claims but awarded ongoing treatment for the right shoulder under the November 20, 2020, date.
- EC paid benefits as ordered, including Temporary Partial Disability (TPD) and Impairment benefits.
Key Arguments and Decisions:
- The claimant refused a job offer on May 24, 2022, asserting it was inconsistent with EC’s prior position. The Judge rejected the claimant’s arguments, finding the job offer suitable and justifiable.
- The claimant’s refusal of subsequent job offers, even after reaching Maximum Medical Improvement (MMI), was also deemed unjustifiable.
- The claimant sought PTD benefits, but the Judge found she failed to establish permanent work restrictions and that suitable work was available.
Conclusion: Daniel DeMay successfully defended the Employer/Carrier by demonstrating that the job offers were suitable and justifiable, and the claimant’s refusal was not justified. The Judge denied TPD benefits and PTD benefits, ruling in favor of the Employer/Carrier. The claimant was not entitled to reimbursement of costs, and her attorney was not awarded fees. Jurisdiction was reserved for any additional fees and costs that may be due.
