JCC Denies TPD Without Medical Evidence of Work Restrictions

The claimant sustained an accepted crush injury to his right foot when a coworker struck him with a pallet jack. He sought temporary partial disability benefits from the March 13, 2026 accident date forward, along with penalties, interest, and litigation costs.

The JCC found that the claimant was earning less than 80% of his preinjury wage, but he did not present medical evidence showing injury-related work restrictions that prevented a return to his usual occupation. The only medical report in evidence placed him at maximum medical improvement on April 30, 2026, with no functional limitations, and there was no medical proof of work restrictions before that date.

Because the claimant did not establish a prima facie entitlement to temporary partial disability benefits, the JCC did not reach the employer/carrier's voluntary-limitation-of-income defense. The JCC denied TPD, penalties, interest, and reimbursement of litigation costs, and dismissed the petition with prejudice.

Source: Compensation Order