In Stephanie Michelle Williams v. Marriott Vacations Worldwide and Sheraton PGA Vacation Resort, the claimant suffered a compensable accident but returned to work. The COVID-19 pandemic caused them to be furloughed and they found another position.
The claimant filed for temporary partial disability (TPD) benefits, but the employer contended that the claimant had voluntarily limited her earnings and the accident broke the chain of causation. It was found that the claimant was under work restrictions and had not yet reached maximum medical improvement (MMI) for the timeframe being discussed.
It was found that the employer had offered the claimant a job around this period, but they had to refuse it as they were working elsewhere. The JCC found that the claimant had lost the other job due to medical issues resulting from the accident at their first place of work. A six-month period of TPD was granted to the claimant.
Claim for TPD GRANTED
Penalties, interest, and attorney fees GRANTED