JCC Awards PTD After Exhaustive Job Search and Rejects Voluntary-Limitation Defense

In Melinda Wheatley v. Hillsborough County Parks and Recreation Department / USIS, OJCC Case No. 25-029659MAM, Judge Mark A. Massey addressed a county recreation worker's claim for permanent total disability benefits arising from a January 10, 2010 low-back accident. The claimant had continued working for years with accommodations, later resigned in June 2024 because pain and physical limitations kept her from performing the job, and sought PTD benefits from July 14, 2024 forward.

The JCC found the claimant had permanent restrictions of no lifting over eighteen pounds, no prolonged sitting or standing for more than thirty minutes at a time, plus frequent position changes and breaks. Even though the order found she was still capable of some sedentary or light work, the JCC held she proved PTD under Blake because she completed a lengthy, good-faith, unsuccessful search of at least 250 jobs and because her physical restrictions, combined with vocational factors, left her unemployable in the open labor market.

The order rejected the employer/carrier's defenses that she voluntarily limited her income by resigning and that the 2010 accident was not the major contributing cause of her inability to work. Judge Massey granted PTD benefits from July 14, 2024 continuing, awarded PTD supplemental benefits through November 19, 2024, and also awarded penalties, interest, costs, and claimant's attorney's fees with jurisdiction reserved on amount if needed.

Source: Compensation Order