JCC Denies TPD While Claimant Remained at Overall MMI

In OJCC Case No. 22-008259JEJ, Lazaro Rodriguez Torna sought temporary partial disability benefits from October 9 through November 30, 2025, after a compensable truck crash caused injuries to multiple body parts. His authorized shoulder surgeon had placed him at maximum medical improvement with no restrictions on April 3, 2025, then ordered an MRI when his complaints persisted.

The JCC credited the authorized surgeon over the claimant's independent medical examiner. The judge found the claimant's complaints and examination were unchanged when the MRI was ordered and that ordering a diagnostic test did not itself establish that further improvement was reasonably anticipated or that work restrictions were medically required.

Because the claimant remained at overall MMI until the surgeon reviewed the MRI and imposed restrictions on December 1, 2025, he did not satisfy the first requirement for TPD during the claimed period. The JCC denied the TPD claim, related penalties and interest, and employer/carrier-paid attorney's fees and costs.

Source: Final Compensation Order