The petition for benefits in the Florida workers compensation case of James Yeago v. Federal Express Corporation was solved at the final hearing.
The claimant was compensated for the injury and given an authorized doctor, who placed the claimant at an MMI of 0%. No restrictions were placed on the claimant, and the claimant only took days off work to attend medical procedures. There was a dispute whether the claimant should be sent to a psychologist or psychiatrist, and the claimant refused to attend a Functional Capacity Evaluation (FCE) authorized by the E/C. The claimant eventually did attend a FCE under an IME doctor, and was put under work restrictions.
The E/C contested the work restrictions, since they came from an IME doctor. The FCE was found to be acceptable evidence for why the claimant had work restrictions, despite being diagnosed under an unauthorized doctor.
The claimant was found to be entitled to TTD and TPD benefits, since they had not yet reached MMI. The claimant was not found to be entitled to vacation time, since they were receiving employer benefits already at the time.
TTD, TPD GRANTED; Impairment benefits DENIED; PTO DENIED; Penalties and interest GRANTED; Attorney fees GRANTED