In Mark De Nicolas v. Tierra Verde Residence Inn and Travelers Property Casualty Co of America the Employer/Employee relationship became contentious following the compensable accident. The E/C asserted that the claimant had quit. Claimant denied this allegation and argued he had been fired. In resolving this factual dispute, the KCC considered the lay evidence presented. While the evidence was confusing, the JCC ultimately determined that claimant was entitled to TPD benefits for a two month period. TPD benefits GRANTED in part and DENIED in part.
