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How to Apply for 52 Weeks of Temporary Partial Disability

Obtaining up to 52 weeks of Rehabilitative TPD with the advent of the Westphal case is much easier now. This means the injured worker can receive up to 52 weeks of rehabilitative temporary partial disability (TPD)  where they have a high school education or an GED and cannot return to the same line of work. This also applies when your prior job is not available or the work is not within your restrictions. In that event, the injured worker should apply using the attached form for rehabilitative TPD benefits. The Judge cannot deny the first 26 weeks of benefits and with a high average weekly wage this can result in significant compensation benefits for the injured worker. The goal of course is to help the injured worker find a better job. Many clients can look to obtain a higher settlement in the lump sum settlement because they will release rehabilitative TPD benefits. This firm specializes in obtaining those benefits and settlements. Since 1984 we have been known in the industry for LUMP SUM SETTLEMENTS.IMG_5975

You should still apply for TPD if you were terminated from your job. Remember this quote from the Fardella case when the Court ruled: “Indeed, even if she had been terminated for misconduct, she might still be entitled to TPD benefits if she were able to show a causal connection between the compensable injury and the loss of income.   See Stewart v. CRS Rinker Materials Corp., 855 So.2d 1173 (Fla. 1st DCA 2003);  Jefferson v. Wayne Dalton Corp., 793 So.2d 1081 (Fla. 1st DCA 2001). ”

These extra weeks of TPD are provided under FSA 440. 15 which states:


(a) No compensation benefits shall be payable for temporary total disability or permanent total disability under this chapter for any week in which the injured employee has received, or is receiving, reemployment assistance or unemployment compensation benefits.
(b) If an employee is entitled to temporary partial benefits pursuant to subsection (4) and reemployment assistance or unemployment compensation benefits, such reemployment assistance or unemployment compensation benefits shall be primary and the temporary partial benefits shall be supplemental only, the sum of the two benefits not to exceed the amount of temporary partial benefits which would otherwise be payable.”
NOTE this does not say Temporary Partial Disability as that is the benefit the injured worker will apply for,
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