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MOORE v. SERVICEMASTER COMMERCIAL SERVICES

No. 1D08-6059.

19 So.3d 1147 (2009)

Kathryn MOORE, Appellant, v. SERVICEMASTER COMMERCIAL SERVICES and The Claims Center, Appellees.

District Court of Appeal of Florida, First District.

October 14, 2009.

Attorney(s) appearing for the Case

Carl A. Feddeler, III of Smith, Feddeler, Smith & Miles, Lakeland, and Susan Fox and Wendy Loquasto of Fox & Loquasto, Tallahassee, for Appellant.

Dennis A. Ross and Juliana L. Curtis of Ross Vecchio, P.A., Lakeland, for Appellees.

HAWKES, C.J.

In this workers' compensation appeal, we are asked to address the applicability of the common-law concept of sheltered employment to periods of temporary partial disability (TPD); and the forfeiture of benefits under the defense found in section 440.15(6), Florida Statutes (2007). Here, the Judge of Compensation Claims (JCC) rejected Claimant's argument that the concept of "sheltered employment" should apply...

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