Yendry Rosabal v. Rent-A-Center

In Yendry Rosabal v. Rent-A-Center and Sedgwick CMS, the Claimant claimed a 2% PPI rating. The claimant had suffered a bicep injury in the course and scope of his employment. Following treatment, he was given a 0% PPI rating and placed at MMI. A doctor testified that it is possible to be asymptomatic initially, but develop pain as muscle regains strength, which made for the increase of PPI to 2% based on “The Basic Rules” of the Florida Impairment Rating Schedule.
Impairment benefits were due within 14 days after the carrier was notified, however the E/C provided no evidence that they had notified their carrier of the doctor’s opinion. Per Florida Statute 440.15(3)(a), the E/C was penalized.

Impairment income benefits at 2% PPI GRANTED plus penalties and interest; Attorney fees GRANTED for jurisdiction; PFB DISMISSED


Source: The 440 Authority

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