Legal Question in Workers Comp in Florida

Re: compensation after leaving job, getting a new job?

Whether you continued to get paid from workers' compensation depends on a number of factors. First, if you quit a job that was within your restrictions, and/or the employer was accomodating your restrictions, there may be a defense of voluntary limitation of income. However, this is not usually applicable if you move out of the area or you cannot medically perform the tasks of the job. IN addition, you did not indicate whether the doctor had you off of work or returned you to work with restrictions. Also, you did not indicate whether the doctor opined you had reached MMI. I assume that if the new doctor wants to perform surgery, you would not be at MMI. If you are OFF work by an authorized treating doctor, you should be paid by workers' compensation. If you are placed on LIGHT duty or some other work restrictions, you may be entitled to temporary partial disability benefits. If you obtain a new job within those restrictions, and you make less than 80% of the wages you were earning at the time of your accident, you would be entitled to 80% of the difference between what you were making and what you are making now. Normally, you would have to submit employee earnings reports provided by the Carrier.

There are more questions than answers on your query, and there is information that has not been provided. By suggestion is that you contact a qualified workers' compensation practitioner in your area for a detailed consultation. Any information in this reply is for guidance purposes only and should not be relied upon as specific legal advice. Good luck.