Schmidt v. Holiday Beach Rentals, Inc. / Amerisure

HR Law Cases
JCC Walker (Pensacola) (Matt Bennett) (7-1-2024) – Denied TPD benefits due to claimant not meeting her initial burden of demonstrating a causal connection between the compensable injury and the subsequent loss of income.  The claimant had returned to work post-accident with her restrictions accommodated.  However, the claimant’s attendance was “not good,” and she missed a lot of work and left work early many times.  She ended up losing her job as a result of poor attendance.  If not for the claimant’s excessive absenteeism resulting in her termination, her position would have been continuously available.  As a result, the E/C was found to have met their burden of proving voluntary limitation of income due to the excessive absenteeism.  Temporary partial benefits denied.  Click here to view Order