Pamela Vogelar v. Winn-Dixie and Sedgwick CMS

In Pamela Vogelar v. Winn-Dixie and Sedgwick CMS Claimant was involved in two accidents and sought treatment for both. The E/C stipulated to compensability but raised an MCC defense. After determining the E/C calculation of AWW was correct, the JCC considered the indemnity claims and defenses and found the medical evidence established the MCC of the need for treatment was the second accident, or at least an aggravation of the first accident. The JCC found claimant was eligible for TT/TP for certain periods and next addressed the E/C voluntary limitation of income defense. Ultimately, the JCC concluded that the claimant was not provided with a suitable job by E/C. AWW adjustment DENIED; TT/TP GRANTED in part and DENIED in part; claim for medical evaluation GRANTED.

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