JCC Denies Extra Impairment Benefits and Allows Recoupment After Hand Surgery

In Leon Desilma v. Caterpillar Logistics Inc./Liberty Insurance Corporation, OJCC Case No. 23-007446JLN, Judge Jacquelyn L. Newman addressed whether a warehouse worker with a compensable right-hand crush injury was entitled to permanent impairment benefits based on a 4% rating from IME Dr. Kenneth Hodor after trigger-finger release surgery on three fingers. The claimant had previously been paid benefits on a 2% rating before surgery, while authorized hand surgeons later placed him at maximum medical improvement on December 1, 2025 with only a 1% whole-person impairment.

The order credited the opinions of authorized physicians Dr. Alexander Vara and Dr. Carlos Azar over the IME. Judge Newman found the claimant improved substantially after surgery, could perform regular activities, and had only mild residual tenderness and stiffness. The court also found Dr. Hodor's 4% rating premature because he examined the claimant while physical therapy was still wrapping up and before post-surgical symptoms were expected to finish resolving.

The JCC therefore held that the claimant proved only a 1% impairment rating, denied the request for additional permanent impairment benefits, and denied penalties, interest, costs, and attorney's fees. The order also lets the employer and carrier recoup the prior overpayment tied to the earlier 2% rating from future indemnity benefits, which is a useful reminder that a higher pre-surgery rating does not control once the post-surgical authorized doctors place the claimant at MMI with a lower final impairment assessment.

Source: Compensation Order