JCC Denies PTD Claim After Rejecting Vocational Proof

In Smith v. City of Orlando / Relation Insurance Services of Florida, OJCC Case No. 22-013565RJH, Judge Ralph J. Humphries denied the claimant's request for permanent total disability benefits beginning October 2, 2023.

The JCC rejected the vocational expert's PTD opinion because it relied on medical records and subjective observations that were not competent evidence in the record, and because the expert misunderstood the authorized physician's restrictions as broader than the right-arm limitations actually imposed.

The order also found the job search inadequate. The claimant had not shown a good-faith, reasonable search under the totality of the circumstances, and the submissions included positions for which qualification was questionable and no proof that applications were made. PTD, fees, and costs were denied.

Source: Final Compensation Order