JCC Denies TPD Underpayment but Awards Unpaid Penalties and Interest

In Nasr v. Cheney Brothers, OJCC Case No. 25-007457JAW, the claimant sought the correct payment of temporary partial disability benefits from March 23 through September 19, 2026, together with penalties, interest, costs, and attorney's fees. The parties stipulated that the February 17, 2025 accident was compensable and that the claimant continued working light duty.

Judge Jack A. Weiss accepted the adjuster's calculations and uncontroverted testimony over the claimant's demonstrative computer calculations. The JCC concluded that the claimant did not prove an underpayment of TPD benefits during the claimed period and denied that claim with prejudice.

The order nevertheless found that penalties and interest remained unpaid on TPD issued for March 23 through April 18, 2026. The JCC ordered the carrier to pay those amounts and reserved jurisdiction over any attorney's fees and costs that may be due.

Source: Compensation Order