JCC Denies PTD and Temporary Benefits After MMI Finding
Robert Lang sought PTD benefits from December 17, 2025 and TTD/TPD benefits from February 6, 2026 after a compensable low-back injury with the Florida Department of Veterans Affairs. The JCC reviewed the prior surgery dispute, the authorized treating doctor records, claimant testimony, and the employer/carrier IME evidence.
Judge Jack A. Weiss rejected the treating surgeon opinions as not credible competent evidence, noting that the February 2026 DWC-25 kept claimant off work but listed no treatment plan and no current surgery recommendation. The JCC instead accepted Dr. Ashvin Patel's opinion that claimant reached MMI on October 30, 2025 with no work restrictions or permanent impairment attributable to the industrial accident.
The order denied PTD and denied TTD/TPD from February 6, 2026 through final hearing, with penalties and interest dismissed as well. The JCC also rejected the argument that continued TTD payments expanded the accepted condition beyond a lumbar sprain, and found that medical non-compliance would independently limit any temporary-benefit period if the indemnity ruling were reversed.
Source: Compensation Order