JCC Denies TPD After MMI and Causation Findings

In Echeverria v. Water Towers Condominium/Technology Insurance Company, Judge Thomas A. Hedler addressed claims for temporary partial disability benefits after a compensable May 5, 2025 accident involving accepted low back and head injuries.

The claimant sought TPD from November 24, 2025 through the final hearing, along with penalties, interest, attorney fees, and costs. The employer/carrier defended that the claimant was at maximum medical improvement, had no work restrictions tied to the compensable accident, and had not shown a causal relationship between the accident and wage loss.

On the low back claim, the JCC credited the authorized orthopedic physician over the claimant's IME. The order found that the work-related right-sided L4-5 disc herniation had improved, later left-sided complaints were not proven to be caused by the industrial accident, and the claimant remained at full duty during the claimed period.

On the head-injury theory, the JCC gave diminished weight to the authorized neurologist but also rejected the claimant's neurologic IME opinions as insufficient to prove non-MMI status or work restrictions attributable to the accident during the relevant period.

The order also rejected the claimant's argument that a broad acceptance of the back or lumbar spine in the pretrial stipulation barred causation defenses to the requested benefit. The JCC denied TPD, penalties, interest, attorney fees, and costs. OJCC Case No. 25-013183TAH.

Source: Compensation Order