Stone v. Gymnastics Workshop: TPD Benefits Awarded After Light-Duty Job Ended

In Stone v. Gymnastics Workshop, Inc. d/b/a Emerald City Gymnastics, OJCC Case No. 25-010942JW, Judge Jonathan E. Walker considered a claim for temporary partial disability benefits after a December 16, 2024 left-foot injury. The claimant returned to modified duty, but her hours were reduced when light-duty work was limited and she was terminated on May 23, 2025 when no light-duty work remained available.

The JCC found a causal connection between the compensable injury and the claimant's wage loss. Medical records showed work restrictions and that the claimant had not reached maximum medical improvement during the relevant period. The employer/carrier did not prove the continued availability of suitable employment after termination, so its refusal-of-suitable-employment defense failed under the MJM Electric framework.

The order set October 11, 2025 as the maximum medical improvement date after weighing the treating podiatrist's records and the employer/carrier IME opinion. TPD benefits were granted from December 17, 2024 through October 11, 2025, less earned wages and indemnity already paid, with penalties, interest, costs, and attorney's fees also granted.

Source: Compensation Order