JCC Awards TTD but Denies One-Time Physician Change

In Aponte v. FPI Management/First Liberty, Judge Daniel A. Lewis addressed petitions for benefits arising from a February 14, 2025 accident. The claimant, a housekeeper, testified that she fell while traversing stairs and injured her back and right knee; the employer/carrier had accepted the right knee and psychiatric injuries as compensable.

The disputed benefits included a one-time change of physician from Dr. Kessler to Dr. Robin Simon and temporary total disability benefits beginning January 19, 2026. The employer/carrier defended on the grounds that it timely authorized alternate physicians, that Dr. Simon was not in the same specialty as Dr. Kessler, and that the claimant lacked medical evidence supporting TTD for the full period claimed.

The JCC denied and dismissed the requested one-time change from Dr. Kessler to Dr. Simon. On disability, the order found that physical medical evidence did not show total inability to work, but accepted the opinions of the claimant's psychiatric IME, Dr. Edison, over contrary psychiatric opinions from Dr. Paredes.

Because Dr. Edison evaluated the claimant on February 6, 2026, and there was no medical evidence of TTD before that date, the JCC granted TTD only from February 6, 2026 and for so long as the claimant remains entitled to those benefits.

The order also awarded interest and penalties on the difference between the TTD awarded and TPD previously paid, found the claimant entitled to recover reasonable attorney's fees and taxable costs based on the benefits secured, and reserved jurisdiction to determine the amount. OJCC Case No. 25-011338DAL.

Source: Compensation Order