Hawkins v. Publix Super Markets, Inc.

Summary

The Florida First District Court of Appeal reversed and remanded a workers’ compensation order denying temporary partial disability benefits based on a refusal of suitable employment. The court held that the order lacked sufficient findings regarding the timing and continued availability of the employment, the claimant’s refusals, and whether the refusal continued after termination.

Holdings

1. A denial of temporary partial disability benefits based on refusal of suitable employment cannot stand when the JCC fails to make specific findings identifying the relevant periods of the employment offer, continued availability, refusal, and any continuation of the refusal after termination.
2. An employer must establish the continued availability of the suitable job during each applicable period to retain the affirmative defense based on refusal of suitable employment.

Questions Presented

1. Whether the JCC made sufficient findings to deny temporary partial disability benefits for all claimed time periods based on a refusal of suitable employment under section 440.15(6), Florida Statutes (2008).
2. Whether the employer must establish the continued availability of suitable employment during each applicable period in order to maintain the statutory defense to temporary partial disability benefits.

Disposition

reversed_and_remanded