JCC Awards TPD Underpayment and Pain Management Evaluation

The claimant injured her low back, right pelvis, and right leg when a pallet broke while she was loading a box of plants. The employer/carrier accepted the accident and lumbar radiculitis, and the claimant sought additional temporary partial disability benefits, payment-related interest and penalties, and authorization for a pain management physician and an L4-L5 epidural steroid injection.

The JCC found that the employer/carrier underpaid temporary partial disability benefits by $139.34 for February 13 through May 28, 2026, and awarded that amount with interest and penalties. The JCC also awarded interest and penalties on TPD benefits that became due when the carrier received completed earnings reports for June 26 through August 20, but denied payment-related claims for later periods because the evidence did not establish when those benefits became due.

The JCC authorized an evaluation by a pain management physician because the authorized orthopedic surgeon related the referral to the accepted lumbar radiculitis and identified the specialist evaluation as medically necessary. The requested epidural steroid injection was denied because the record did not establish its medical necessity, and the carrier had timely responded to the authorization request.

Source: Compensation Order