Micheal A. Edwards successfully defended a claim for permanent total disability filed by a former law enforcement officer with multiple accidents resulting in a two-level lumbar fusion, shoulder surgery and right knee injury. Claimant was granted a duty disability pension. Initially claimant’s treating orthopedic surgeon and pain management specialist as well as the employer/carrier’s IME all opined that claimant was permanently and totally disabled. Surveillance indicated inconsistencies in the claimant’s complaints and ultimately the JCC found that by refusing a Functional Capacities Evaluation, the claimant failed to establish specific work restrictions that would prevent his re-employment in a light duty capacity.
Future PTD benefits for the 45 year old claimant over his life expectancy exceeded $2 million.