Successful Defense of PTD Benefits and More in Florida.
We successfully defended a petition for permanent total disability benefits, supplemental benefits and penalties, interest, costs and attorneys fees. The judge entered a Final Compensation Order, finding the claimant was not permanently and totally disabled despite a substantial, but not exhaustive, job search. The judge found the claimant’s job search was not sufficient or reasonable in light of the totality of the circumstances, including her physical impairment, age, employment history, training, education, motivation, work experience, work record, and diligence to establish entitlement to permanent and total disability benefits. The judge held the testimony of the employer/carrier’s vocational experts was persuasive in his decision to deny PTD benefits, finding the claimant was employable with the assistance of vocational counseling.