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JCC Denies TTD but Awards Limited TPD After Roofing-Fall Leg Injury

Leave a Comment / Workers Comp / Yuli Kotler / Posted June 22, 2026 at 6:01 AM EDT

In Mondragon v. Poseidon Roofing, OJCC Case No. 25-030585JAW, Judge Jack A. Weiss entered a Final Compensation Order after a December 12, 2025 roofing accident in which the claimant's right leg went through a covered ventilation shaft. The petition sought temporary total disability benefits from December 13 through December 22, 2025 and temporary partial disability benefits from January 5 through February 1, 2026.

The order denied TTD because the Lee Memorial Hospital records did not place the claimant out of work and the claimant likewise did not recall receiving work restrictions during that period. The judge found the employer later offered light-duty work, set the average weekly wage at $775.00, and concluded the claimant still proved earnings below 80 percent of that amount during the claimed January weeks.

Applying the 80-80 formula, the JCC awarded $457.84 in temporary partial disability benefits, plus applicable penalties and interest, and reserved jurisdiction on claimant's counsel's fee and costs. The order denied the TTD claim with prejudice while granting the limited TPD claim for January 5, 2026 through February 1, 2026.

Source: Compensation Order