Moore v. Servicemaster Commercial Services

In this workers’ compensation appeal, we are asked to address the applicability of the common-law concept of sheltered employment to periods of temporary partial disability (TPD); and the forfeiture of benefits under the defense found in section 440.15(6), Florida Statutes (2007). Here, the Judge of Compensation Claims (JCC) rejected Claimant’s argument that the concept of “sheltered employment” should apply and denied TPD benefits, along with penalties, interest, costs, and attorney’s fees, pursuant to section 440.15(6), based on Claimant’s unjustified refusal of suitable employment.

We also…