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Jean Louis v. First Transit: Low Back Compensability and Partial TPD Granted

Leave a Comment / Workers Comp / Yuli Kotler / Posted October 16, 2026 at 4:02 AM EDT

In Pierre Richard Jean Louis v. First Transit, Inc./Gallagher Bassett Services, Inc., OJCC Case No. 26-005695TAH, Judge Thomas A. Hedler considered claims arising from a February 16, 2026 shuttle-bus collision. The employer/carrier had accepted a thoracic-spine injury, while disputing compensability and treatment for the claimant's low back and waist and opposing temporary partial disability benefits.

The JCC found the low-back injury compensable and ordered authorization of a healthcare provider. The ruling credited the claimant's IME opinion as consistent with the accident mechanism and authorized medical records, and separately found that the employer/carrier had provided low-back treatment without timely invoking the statutory pay-and-investigate procedure. The distinct waist claim was denied for lack of credible supporting evidence.

Temporary partial disability benefits were granted from February 16 through March 12, 2026, when modified duty reduced the claimant's earnings below the statutory threshold. Benefits from March 13 through September 15, 2026 were denied because the claimant did not establish continuing work restrictions or that he remained short of maximum medical improvement. Penalties, interest, attorney's fees, and costs were granted only as to the awarded benefits.

Source: Compensation Order