Jose Ramon Nunez v. RC Home Showcase was a Miami workers’ compensation case regarding temporary partial disability (TPD) benefits and the date of maximum medical improvement (MMI).
An expert medical examiner (EMA) was appointed to determine the disputed MMI of the claimant. The claimant’s Daubert objection was overruled, but the EMA’s opinion regarding the major contributing cause was sustained. Following the EMA’s opinion, the claimant was determined not to be at MMI for their injury and the duration of the disputed TPD.
The employer proceeded to deny benefits because the claimant failed to return any DWC-19 forms. This defense was dismissed when the employer failed to prove that they had ever provided the claimant with DWC-19 forms.
The employer also argued that the claimant was not entitled to TPD benefits, due to delaying their surgery. However, the claimant delayed their surgery based on the medical opinion of their doctor, causing the court to reject this claim as well.
TPD benefits and associated late penalty and interest fees GRANTED
Attorney fees GRANTED
All other petitions for benefits PRESUMED RESOLVED