John Jack Stephen Cichy v. Tampa Bay Buccaneers was a workers compensation case regarding an accident that left the claimant with an ACL tear. The claimant was documented as reaching MMI with a 2% impairment rating, with full range of motion and no residual effects. He filed a petition for benefits after this period, which was denied by the E/C.
The claimant argued that a prosthetic from the injury extended the statute of limitations, since it was a permanent result of the injury, as seen in Gore v. Lee County School Board. Although the claimant was granted impairment benefits based on this fact, their claim for temporary total disability was denied. In accordance with Wyeth/Pharma Field Sales v. Toscano, the claimant in this case was at an MMI and had no current work restrictions, making him ineligible for TTD.
Statute of limitations permitted; Impairment benefits GRANTED; Continued medical care DENIED; Temporary total disability DENIED; Attorney fees GRANTED
Source: The 440 Authority