Obtaining permanent total disability (PTD) benefits under Florida’s workers’ compensation system may not be as hard as previously thought. The First District Court of Appeals affirmed the Judge of Compensation Claims’ Final Compensation Order in the case of Hicks v. Redwine Properties, Inc., JCC Case No. 11-005849MRH. In that case, the claimant (injured worker) was a 58-year-old man with a high school education. He sustained a work-related injury to his right shoulder including a rotator cuff and bicep tear and impingement of the right shoulder. He underwent surgery and was placed on modified duty with permanent work restrictions of no repetitive reaching or lifting above the shoulder level and a 20 pound lifting limit below the shoulder level with the right arm. The claimant began his job search when he was released to return to work in January 2011. According to the Judge of Compensation Claims, the claimant performed an extensive job search and he applied for all the jobs referred to him by a vocational expert. Despite all this, the claimant was unable to find any sort of employment. Continue reading →
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