These case summaries are intended to serve as information only. They are not to be applied to current cases absent legal analysis of the actual decision.

Temporary Partial Disability

Wyeth/Pharma Field Sales v. Toscano, (Case #1D09-5138, Fla. 1st DCA, opinion filed 7/7/2010)

The claimant, a pharmaceutical sales representative, slipped and fell in a compensable accident on 9/24/07, thereby sustaining multiple injuries. She was placed on light duty with restrictions but the employer was unable to accommodate her restrictions. While she was still on light duty, the claimant was laid off along with 1,200 other employees. The claimant admitted that she did not look for work while she was on light duty and still recovering from her injuries. The Employer/Carrier denied payment of Temporary Partial Disability (TPD) benefits, alleging that the claimant’s loss of income was not causally related to the injury and that the claimant was capable of working but voluntarily limited her income. The Judge of Compensation Claims found in the claimant’s favor and awarded TPD benefits, and this ruling was upheld by the First District Court of Appeal.

The First DCA found that the claimant did not voluntarily limit her income because there was no evidence that she refused suitable employment that was offered to her. In addition, the First DCA noted that the statute did not require a job search in order to qualify for TPD benefits. Instead, the claimant proved that she was unable to perform her pre-injury job. The First DCA further noted that she was terminated through no fault of her own and did not leave her employment due to misconduct or other unjustifiable reasons. Accordingly, the First DCA held that while the claimant was terminated for economic reasons unrelated to her injury, she was displaced from her employment and other similar jobs and was therefore entitled to TPD benefits.

Average Weekly Wage

Target Woodwork v. Rodriguez, 35 FLW D1363 May 7, 2010

The claimant was injured on 9/7/00, the 88th day of his employment. His health insurance benefits were scheduled to vest on the 90th day. In calculating the average weekly wage (AWW), the Judge of Compensation Claims included the value of the health insurance benefits provided by the employer. The Employer/Carrier appealed and the First DCA reversed. Since health insurance was not a vested benefit on the date of the accident, it should not be injured in the calculation of the AWW.

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