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Kristi Russell v. Summit Care II d/b/a Sandy Ridge Care Center and Memic Indemnity Company

OJCC# 19-017083, Pensacola District, JCC Walker

Primary Issue: Temporary Partial Disability, Voluntary Limitation of Income

Summary: The pending petition sought TPD benefits for a 14-month closed period. Following the industrial accident, claimant had returned to work as a CNA in a light duty capacity, but she left that employment to work elsewhere after completing a medical coding school program. The employer representative testified a light duty position would have remained available to claimant had she not elected to resign. The JCC determined claimant established eligibility for TPD benefits. However, due to claimant’s own voluntary resignation, the employer’s testimony that a light duty position “absolutely” would have remained available absent claimant’s resignation, and the fact claimant never contacted the employer about work when her post-resignation employment with other employers was not successful, the JCC concluded the E/C had successfully established a voluntary limitation of income defense. TPD benefits DENIED. Claimant appealed and the First DCA AFFIRMED the decision per curiam.