JCC Splits TPD Claim After Driver's-License Termination

In OJCC Case No. 26-005210DAL, Robert Simonenko sought temporary partial disability benefits after a compensable February 11, 2026 accident caused cervical and lumbar strains. The Broward County School Board maintained that it could accommodate his medical restrictions at his regular pay, but Simonenko did not return because his driver's license had expired and was later terminated on April 7 for lacking the license required for his journeyman-carpenter position.

The JCC denied TPD from February 21 through April 7, finding that suitable work remained available within Simonenko's restrictions and that his refusal was unjustified. After the termination, however, the employer did not establish that suitable work continued to be available, while Simonenko remained restricted, could not perform his pre-injury job, and conducted an unsuccessful job search.

The JCC awarded TPD from April 8 through August 19, 2026, when Simonenko reached overall maximum medical improvement. The order also awarded penalties and interest on those benefits, plus reasonable attorney's fees and taxable costs, and rejected the DWC-19 defense because there was no proof the forms had been sent to him.

Source: Final Compensation Order