JCC Denies Indemnity Benefits After MMI with 0% Impairment Ratings

James Michael Stewart injured his left shoulder on September 27, 2022, while lifting a 70-pound bag at ACE Hardware's warehouse. He underwent shoulder surgery on July 24, 2023, and subsequently reached maximum medical improvement (MMI) for his cervical spine on October 15, 2024, with a 0% impairment rating from Dr. Clayton Bauer. He reached MMI for his left shoulder on September 24, 2025, also with a 0% impairment rating from Dr. Edward Becker, with both physicians releasing him to full-duty work.

Judge Robert A. Arthur likely denied the claimant's requests for temporary partial disability benefits from October 3, 2025, forward and impairment benefits from September 24, 2025, forward, based on the employer/carrier's defense that no indemnity benefits are owed after reaching overall MMI on September 24, 2025. Under Florida law, temporary disability benefits terminate once a claimant reaches MMI, and impairment benefits require a permanent impairment rating greater than 0%. The employer/carrier successfully argued that no competent medical evidence from an authorized treating physician supported ongoing indemnity benefits and that any wage loss was due to voluntary limitation rather than the industrial accident.

This case illustrates the critical importance of impairment ratings in Florida workers' compensation claims. Once an injured worker reaches MMI with 0% impairment ratings and full-duty releases from authorized physicians, entitlement to both temporary benefits and impairment benefits typically ends, regardless of the worker's subjective complaints or perceived inability to work. Claimants seeking continued benefits after MMI must present compelling medical evidence that any wage loss is causally related to the work accident rather than voluntary limitations or non-industrial factors.

Source: Compensation Order