JCC Denies TTD, TPD, and New-Accident Claim After Forklift Collision

In Alain Lemaire v. Premier Beverage Company, LLC d/b/a Breakthru Beverage / Broadspire Services, Inc., OJCC Case No. 24-019954MAM, the claimant sought TTD or TPD benefits, a higher average weekly wage, and compensability of an alleged February 12, 2025 low-back accident on top of an accepted May 16, 2024 forklift collision claim. The final hearing went forward with the claimant appearing pro se after multiple prior petitions, counsel substitutions, and a consolidated procedural history involving both accident dates.

Judge Mark A. Massey denied the alleged February 2025 accident claim outright, finding no competent substantial medical evidence, no objective findings, and no reliable proof connecting any new low-back injury to work. The order also denied TTD and TPD under the accepted 2024 accident because the record showed repeated MMI and full-duty releases, no credible wage-loss proof, and no medical evidence supporting restrictions based on objective findings.

The order further rejected the claimant’s challenge to the carrier’s AWW calculation for lack of proof and treated the PCP issue as moot because authorized follow-up care remained available. For employers and carriers, the decision is a strong reminder that documented MMI opinions, full-duty releases, and the absence of payroll or admissible medical proof can defeat both new-accident allegations and ongoing indemnity claims.

Source: Compensation Order