JCC Awards Temporary Partial Disability and Rejects Misconduct Defense

In Nayip Inigo v. McCollister’s Transportation Group, Inc. and Vanliner Insurance (OJCC Case No. 26-011013NAC), Judge Natalie A. Cavallaro awarded temporary partial disability (TPD) benefits from December 24, 2025 through August 25, 2026. The judge credited the authorized orthopedic surgeon’s retrospective opinion that the work injury required restrictions during that period. Payroll records and testimony supported a finding that the injury reduced earnings before the March 27 termination, and the judge found that the termination did not break that causal link.

The employer and carrier did not establish that suitable work was available within the restrictions or that the conduct leading to termination met the statutory standard for misconduct. The judge denied TPD from September 26 through December 23, 2025, and awarded entitlement to attorney fees and costs for securing the benefits, reserving the amount.

Source: Compensation Order