JCC Awards Post-Termination TPD After Rejecting Job-Abandonment Defense

In Arroyo-Jurado v. BCH Mechanical L.L.C., OJCC Case No. 25-023441MAM, the claimant injured her left shoulder and right wrist while working as a plumber's helper and sought average weekly wage adjustment, temporary total disability, temporary partial disability, penalties, interest, fees, and costs.

Judge Mark A. Massey accepted the employer/carrier's average weekly wage calculation and denied TTD because no physician had taken the claimant completely off work. The JCC also denied TPD for the weeks before termination, finding the record did not show which reduced hours were caused by the compensable injury rather than family issues, personal reasons, holiday shutdowns, or normal fluctuations in hours.

The order awarded TPD from February 28, 2026 forward. Although the claimant was terminated after a jobsite dispute, the JCC found she remained under restrictions, had not reached MMI, could not perform her regular job, and had been asked to work outside her restrictions; the voluntary-limitation and refusal-of-suitable-employment defenses were rejected.

Source: Compensation Order