Ponce v. NSPIRE Healthcare Kendall / XL Specialty Insurance Company

JCC Kerr (Miami)(Paul Terlizzese) (2-9-23)- Denied claimant’s motion for advance. The JCC found the claimant had no work restrictions from an authorized treating physician. While the claimant no longer worked for the employer, she failed to prove that this was a result of the industrial injury as she testified that she intended to look for part-time work in lieu of her employment even before the accident. The claimant failed to show she was behind in her monthly bills. The JCC found the claimant’s testimony was vague and lacked the necessary specific information to determine if her financial situation was a result of the industrial accident or personal circumstances. In addition, the JCC found the claimant failed to prove she had a physical impairment, had a substantial loss of earning capacity or failed to return to work as a result of the industrial accident.  Click here to view Order