Laura Pascarella v. Hernando County School Board c/o NEFEC and PMA Management Corporation

In Laura Pascarella v. Hernando County School Board c/o NEFEC and PMA Management Corporation Claimant was employed by the Hernando County School Board as a nutrition assistant working a 185-day/10-month contract and did not work during the summers. On March 3, 2020 the Claimant was washing tables when she felt a sharp pain go from one side of her neck to the other. E/C is denying TPD benefits to Claimant. JCC found that Claimant did not achieve MMI at any time during the relevant period and Claimant had restrictions on her functional ability which prevented her from adequately performing her job without accommodations. Furthermore the fact that Claimant was working a 185-day/10-month contract and not working summers does not serve to terminate the employee’s right to TPD benefits since E/C did not offer modified duty during the summers. E/C did not establish a valid voluntary limitation of income defense. For these reasons, TPD benefits are GRANTED.

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