Arnett v. Tradesmen International, 2018 ACO #20

1. PROCEDURAL HISTORY
a. Magistrate Timmons is partially reversed and partially remanded. Both parties appeal the findings and calculations as it relates to a partial disability rate

2. FACTS
a. Plaintiff injured his back lifting re-rod and received full disability benefits two years, then partial disability benefits until terminated on IME
b. Plaintiff had a third DUI felony conviction and driver’s license was revoked

3. DECISION
a. Section 418.361(1) Employer not liable for comp for the period of time employee unable to perform work due to imprisonment for commission of a crime
b. Employer entitled to analysis of how conviction effected his ability to work/residual wage earning capacity