Salazar Cano v. Publix: TTD, TPD, and Continuing Compensability Denied

In Cesar Salazar Cano v. Publix Super Markets, Inc., OJCC Case No. 25-030770DAL, Judge Daniel A. Lewis addressed claims arising from a November 21, 2025 fall at work. The employer/carrier had accepted left knee and left ankle sprains, while the claimant sought an increased average weekly wage, temporary disability benefits, and continued compensability of additional knee and ankle conditions.

The JCC denied the requested average weekly wage increase because no evidence supported an amount above the established $543.15. Temporary total disability was denied because the claimant presented neither medical evidence that he could not work nor evidence of a good-faith unsuccessful work search.

Temporary partial disability was also denied. The JCC found that Publix offered work within the medical restrictions, that the claimant unjustifiably refused suitable employment and voluntarily limited his income, and that he did not establish a causal connection between the industrial injury and his wage loss.

The JCC accepted the orthopedic testimony that the claimant reached maximum medical improvement on April 14, 2026 with no permanent impairment or restrictions, and that the work accident was no longer the major contributing cause of the knee or ankle conditions. The claims for continued compensability, costs, interest, and penalties were denied and dismissed.

Source: Compensation Order