Patterson v. Union Correctional Institution

DAVIS, Judge.

Officer Patterson was injured at work in September 1994 in a simulated exercise to demonstrate restraint of prisoners. There was no dispute over the compensability of his injuries. He has a twelve percent permanent partial impairment. The sole issue in this appeal is the proper interpretation of section 440.15(3)(b)l., Florida Statutes (1993), which states that supplemental benefits must be paid if:

a. The employee has an impairment rating from the compensable injury of 20 percent or more as determined pursuant to this chapter;

b. The employee has not returned to work or has…