JCC Denies TPD After Claimant Refuses Suitable Light-Duty Work

In Marie M. Gibbs v. Port Charlotte Rehab/AmTrust North America, Inc. and MEMIC Indemnity Company, OJCC Case No. 26-004309FJC, the Fort Myers JCC considered a claim for temporary partial disability benefits beginning December 20, 2025.

The employer/carrier accepted the workplace accident and several injuries as compensable. The parties also stipulated that Gibbs had not reached maximum medical improvement and remained under light-duty restrictions, which established her initial eligibility for temporary partial disability benefits.

The JCC found, however, that the employer offered suitable work in its laundry room within the authorized restrictions. Gibbs did not try the position, resigned, and stated that she had decided to take full retirement. Based on the testimony and other evidence, the judge found that she voluntarily limited her income and that her refusal of the offered work was not justifiable.

The order denied and dismissed the temporary partial disability claim through the final hearing with prejudice. It also denied reimbursement of the claimant's taxable costs and an employer/carrier-paid attorney fee, while reserving jurisdiction over prevailing-party costs.

Source: Compensation Order