In Willie Ruth v. A1 Roof Trusses and PMA Insurance Company the Claimant worked for A1 Roof Trusses which required lifting heavy items and strenuous work. The Claimant was injured on the job when he picked up some wood and felt a pinch in his lower back and down his right leg. The Claimant went to Urgent care and was diagnosed with low back pain and put on work restrictions. The Claimant was eventually placed at MMI. The Claimant returned to work after the accident and was given alternative work but he felt the work exceeded his restrictions. The Claimant was then terminated for smoking a cigarette in a non-smoking area. Here the claimant seeks TPD for two periods of time: pre-termination and post-termination. The JCC found that the E/C had not showed any evidence that the Claimant refused work so Claimant is entitled to TPD for the period of pre-termination. For the post-termination period the JCC stated that E/C did not raise a misconduct defense but rather they argued light duty work would have been available but for Claimant’s breaking the rules of smoking on the premises. The JCC found that the work that was provided was not within the Claimant’s restrictions so the Claimant is entitled to TPD for the post-termination period. TPD benefits GRANTED in part.
