JCC Awards TPD After Rejecting Volunteer-Placement Refusal Defense

In Bottoms v. Super Nice STS, Inc. d/b/a All County Ambulance/Twin City Fire Insurance Company, Judge Kimberly A. Hill addressed a paramedic's claim for temporary partial disability benefits after a compensable November 2025 low-back injury. The remaining dispute was TPD from January 2, 2026, through March 10, 2026, plus penalties, interest, costs, and attorney's fees.

The claimant had not reached maximum medical improvement and was restricted to part-time sedentary work. The JCC found that his compensable lumbar injury prevented him from returning to the heavy lifting, bending, stooping, and patient-transfer duties of his preinjury paramedic job, establishing the required causal link between the injury and wage loss.

The employer/carrier relied on a refusal-of-suitable-employment defense based on proposed Alternative Transitional Duty placements at the Elliott Museum, VITAS Healthcare, and the St. Lucie County Regional History Center. The order found that each placement remained contingent on further steps such as an application, interview, orientation, or third-party approval, and none of the organizations ultimately offered the claimant a position.

The JCC also rejected the argument that the claimant's conduct amounted to a refusal. The claimant reported to the Elliott Museum, later completed the application and interviewed, expressly accepted the VITAS placement while asking for a one-day postponement because of a funeral, and appeared for the History Center process after accepting through counsel.

The order granted TPD benefits for the disputed period, along with applicable penalties and interest, and granted the claim for costs and attorney's fees.

Source: Compensation Order