JCC Denies PTD Benefits After Finding Job Search Was Not in Good Faith

In Popek v. Clean Space Project, LLC/Travelers Indemnity Company of America, OJCC Case No. 24-008875JEJ, the claimant sought permanent total disability benefits after a compensable May 23, 2023 lumbar injury. The parties stipulated that he reached MMI on September 25, 2025, with a 7% whole body impairment rating and restrictions against pushing, pulling, or lifting more than 20 pounds and repetitive bending.

Judge Jill E. Jacobs accepted the testimony of authorized spine surgeon Dr. Ravi Patel over the claimant's IME, finding Dr. Patel's MMI, impairment, and restriction opinions more consistent with the evidence. The JCC also credited the employer/carrier's vocational evidence, including testimony that identified light-duty and sedentary jobs within 50 miles of the claimant's home and within Dr. Patel's restrictions.

The order denied PTD because the claimant did not prove permanent medical incapacity, did not conduct a good-faith exhaustive job search, and did not show that his work restrictions combined with vocational factors precluded at least sedentary employment. The JCC described the job searches as superficial and prepared for the litigation record, and denied penalties, interest, attorney's fees, and costs with prejudice.

Source: Compensation Order