JCC Denies Indemnity, PTD, and Psych Care After Shoulder Injury

Lupe R. Martinez, Jr. pursued TTD, TPD, PTD, and psychiatric treatment in a long-running claim against UCF Hotel Venture II d/b/a Cabana Bay Beach Resort. The April 30, 2025 petition asked for ongoing indemnity benefits and psych care well after the employer/carrier contended Martinez had reached MMI on August 25, 2022.

Judge Timothy S. Stanton denied every claim in the order. The JCC found the authorized doctors had already placed Martinez at MMI, found he could perform sedentary work within a fifty-mile radius, rejected PTD, and denied psychiatric authorization tied to Dr. Orlando Ruano’s IME recommendation after concluding the IME notice was untimely. The order also found no indemnity was due because the work accident was not the major contributing cause of the claimed ongoing loss of earnings.

The practical takeaway is that once the authorized medical proof fixes MMI and supports sedentary work capacity, a claimant needs much stronger evidence to reopen indemnity exposure or establish PTD. The order is also a reminder that IME notice requirements can matter when a party tries to use a late-designated psychiatric opinion to expand the case.

Source: Compensation Order