09-4618 DANIEL CARCAMO, v. BUSINESS REPRESENTATION INTERNATIONAL & NORTH RIVER INSURANCE COMPANY

State: Florida

Court: Florida First District Court

Docket No: 09-4618

Case Date: 05/06/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DANIEL CARCAMO, Appellant, v. BUSINESS REPRESENTATION INTERNATIONAL & NORTH RIVER INSURANCE COMPANY, Appellees. _____________________________/ Opinion filed May 6, 2010. An appeal from an order of the Judge of Compensation Claims. Henry H. Harnage, Judge. Date of Accident: June 5, 2007. Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant. William H. Rogner and Robert S. Gluckman of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, for Appellees. CASE NO. 1D09-4618 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

PER CURIAM.

In this workers' compensation appeal, claimant challenges an order of the Judge of Compensation Claims (JCC) denying his request for temporary partial disability (TPD) benefits and temporary total disability (TTD) benefits. We affirm

the JCC's denial of TTD benefits without further comment; however, for the reasons explained below, we reverse the JCC's denial of TPD benefits following claimant's voluntary resignation from employment. On June 5, 2007, claimant suffered a compensable injury while working as a luggage handler for the Employer/Carrier (E/C). Claimant received authorized treatment from Dr. Brown until January 11, 2008, at which time Dr. Brown placed claimant at maximum medical improvement (MMI). Claimant exercised his onetime change in treating physician and began treating with Dr. Donshik. Dr.

Donshik opined claimant had not yet reached MMI and restricted claimant to lightduty work. On January 16, 2008, claimant resumed working for the E/C in a lightduty position. Claimant worked for the E/C in a light-duty capacity until

October 11, 2008, when claimant voluntarily resigned from employment. On appeal, claimant argues, inter alia, the JCC erred in denying his claim for TPD benefits beginning October 12, 2008, based on claimant's refusal of suitable employment. We agree. Because the JCC failed make a determination concerning the continued availability of the position from which claimant resigned, we reverse and remand for further findings. Our analysis does not overlook the JCC's seeming acceptance of Dr. Brown's MMI date of January 11, 2008. Although stating he accepted

Dr. Brown's MMI date, the JCC then provided a fairly detailed analysis of 2

claimant's entitlement to TPD benefits subsequent to January 11, 2008. Such analysis must presuppose claimant was not at MMI at that time. See

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