Whitaker v. North American Tank Lines, Inc.

Dennis Whitaker, the claimant below, challenges a workers’ compensation order which denies indemnity benefits on the ground that the claimant voluntarily left his job. For the reasons that follow, we affirm, in part, and reverse, in part, and remand for further proceedings.

Whitaker, a truck driver, slipped while making a delivery on February 17, 2005. Although North American Tank Lines, Inc., and CNA Insurance Company, jointly the employer/carrier, appellees, denied that the resulting shoulder injury was compensable, the Judge of Compensation Claims (JCC) found that claimant sustained a…