final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
of Accident: October 10, 2003.
appeal from an order of the Judge of Compensation Claims. E.
Douglas Spangler, Judge.
Allyson A. McInvale of Brady Law Group, PLC, Tampa, for
DiCesare, II, Lakeland, and Bill McCabe, Longwood, for
workers' compensation appeal, Claimant raises three
issues. Because competent substantial evidence supports the
denial of permanent total disability (PTD) benefits, we
affirm the that issue without further comment. We find merit
in Claimant's remaining two issues - whether the JCC
erred in denying his claim for temporary partial disability
(TPD) benefits and whether the JCC erred in denying his
related claim for the payment of penalties and interest, as
well as attorney's fees and costs from the
2003, Claimant injured his neck when a service elevator at
Raymond James Stadium came down and hit him on the head when
he was assisting the Tampa Police Department in a pre-game
sweep of the stadium for bombs. Claimant subsequently
underwent a cervical discectomy and fusion in March 2004
under the care of Dr. Amann. Claimant was thereafter referred
by Dr. Amann for pain management treatment that began in 2005
under the direction of Drs. Khan and Vargas and continued
through at least the time of the February 2018 hearing.
Claimant also developed psychiatric symptoms, diagnosed as
depression, that required a course of treatment that began in
March 2014 with Dr. Pandya.
found by the JCC, Dr. Amann opined that Claimant reached
neurosurgical maximum medical improvement (MMI) in June 2010,
assigned an 8% permanent impairment rating, and assigned
permanent work restrictions. Dr. Vargas testified that
Claimant reached MMI from a pain management perspective in
September 2017, assigned a 10% permanent impairment rating,
and also assigned permanent work restrictions. Dr. Pandya
opined that Claimant would reach MMI on February 13, 2018,
five days post-hearing, and did not assign any permanent
psychiatric restrictions. Thus, Claimant reached overall MMI
on February 13, 2018.
Claimant's release to return to work following his
cervical surgery, he worked for several employers. The TPD
claim at issue arose following the end of Claimant's
employment with his last employer, Mike's Golf Carts, on
June 30, 2014. While employed there, Claimant was paid an
average of $100 per week. Claimant took off work at the end
of June 2014 to attend to matters relating to his
father's death, and there was no job available at
Mike's Golf Carts on his return. Claimant received
temporary benefits at various times since his injury, with
the last payment concluding on June 30, 2014. Claimant has
not worked since that date.
denied the claim for payment of TPD benefits in their
entirety from July 1, 2014, and thereafter, on grounds
Claimant voluntarily limited his income by not working.
Accordingly, the JCC also denied the claims for payment of
penalties and interest as well as E/C-paid costs and
JCC's findings in regard to a claim for TPD benefits are
reviewed for competent substantial evidence. See
Wyeth/Pharma Field Sales v. Toscano, 40 So.3d 795 (Fla.
1st DCA 2010). Whether the JCC used the correct legal
standard is reviewed de novo. See Banks v. Allegiant
Sec., 122 So.3d 983, 985 (Fla. 1st DCA 2013) ("Our
review of an erroneous application of the law is ...