Posted on December 1, 2008 by David McCranie

Voluntary Retirement Does Not Bar Claim For Permanent Total Disability Benefits

Facts:  Claimant injures knee in 1995.  Retires voluntarily in 1998.  Never works or even looks for work since then.  Total knee replacement in Augst 2005.  MMI on 11/14/2005.  Claimant files claim for permanent total disability ("PTD") benefits from 11/14/2005 to present and continuing.     

 

Issue:  Is the 2005 claim for PTD benefits barred by the claimant's voluntary retirement in 1998? 

 

Holding:  Nope.  So said the First DCA in Houck v. Lee County School Board, decided on 11/26/2008, reversing the decision of the JCC who said that it was.

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