In the Florida workers compensation case of Edward Johnson v. Autozone, the claimant was assaulted in the course and scope of his workplace. He continued to work without restrictions after the accident, which made him ineligible for temporary partial disability benefits or a $2,000 grant. This aligned with the cases of Wyeth v. Toscano and Photo Electronics Corp. v. Glick, in which TPD was only granted when wages fall below 80%. However, he was determined eligible for compensation and provision of a primary care provider.
The E/C objected to the claimant’s IME at the final hearing. The E/C claimed that the IME report was not provided within 30 days, which contradicts Florida Statute 440.29(4). This was refuted on the basis that this Florida Statute applies to authorized treating physicians, not IME reports.
Despite their claim of prejudice, the E/C still attended the deposition without filing a Motion to Compel or a Motion for Protective Order.
Claim for compensability GRANTED; Claim for PCP GRANTED; Claim for TPD DENIED; Claim for $2,000 DENIED; Attorney fees GRANTED