JCC Awards TPD and Diagnostic Testing but Denies Low-Back Compensability

In OJCC Case No. 25-018193RAA, Robert C. Clinton sought temporary partial disability benefits and medical care after accepted left-knee and right-cubital-tunnel injuries, along with disputed low-back and radicular complaints. The JCC found that work restrictions prevented Clinton from returning to his pre-injury delivery job and rejected the employer/carrier’s voluntary-limitation-of-income defense after the light-duty position ceased to be available following his termination.

The final compensation order awarded temporary partial disability benefits from June 26 through September 22, 2025, and beginning March 27, 2026, with penalties and interest on untimely payments. It also ordered authorization of an EMG of the right upper extremity and an evaluation by an orthopedic spinal specialist to determine the cause of the documented S1 radiculopathy and its relationship to the work accident.

The JCC nevertheless denied compensability and ongoing orthopedic treatment for the low back, as well as a TENS unit, finding the medical opinions insufficient to establish that the S1 radiculopathy was caused by the industrial accident. Attorney’s fees and taxable costs were awarded for the benefits obtained, with jurisdiction reserved over the amounts.

Source: Compensation Order