JCC Awards 5% Impairment After Prior Spine Injury Ruling

In Hernandez v. Guest Services Inc./Travelers Insurance, Judge Jack A. Weiss addressed a petition for impairment benefits after an earlier compensation order limited the compensable injury to healed L1 and L2 transverse process fractures.

The claimant sought impairment benefits based on a 75% rating assigned by Dr. Valle, along with penalties, interest, costs, and attorney's fees. The employer/carrier defended that the prior order established healed fractures as of October 1, 2024, with no permanent impairment or restrictions.

The JCC treated the April 9, 2025 compensation order, which had been affirmed by the First DCA, as the law of the case. Because the claimant did not seek modification based on a change in condition or mistake of fact, the compensable injury remained limited to the transverse fractures.

On the impairment issue, the JCC found that Dr. Valle's testimony supported a 5% permanent impairment rating for the healed L1 and L2 fractures. The later 75% rating was tied to chronic pain syndrome, not to the compensable fractures.

The order granted impairment benefits based on a 5% permanent impairment rating, including applicable penalties and interest, and found the claimant entitled to costs and an employer/carrier-paid attorney's fee. OJCC Case No. 24-019831JAW.

Source: Compensation Order