Deon Strickland v. Randall Mechanical, Inc. and Gallagher Bassett Services, Inc.

In Deon Strickland v. Randall Mechanical, Inc. and Gallagher Bassett Services, Inc. temporary indemnity was denied on the grounds claimant had voluntarily limited his income by refusing an offer of employment by the employer. The industrial accident involved an explosion of a pipe that was under pressure for testing. Due to the accident, claimant was diagnosed with PTSD in addition to his physical injuries. Claimant testified he refused to return to work with the employer in any capacity because of his safety fears. The authorized psychiatrist was unable to definitely state within a reasonable degree of medical certainty whether or not the light duty offer was reasonable because the doctor and claimant had never discussed the issue. Observing the burden of proof was the claimant’s, the JCC found no medical evidence was presented to support the claimant’s position that his rejection of the light duty position was justified. Accordingly, the JCC DENIED temporary disability benefits.

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