Turkmany v. Walt Disney: Injection, Psychiatric Evaluation, and TPD Denied

In Joseph Turkmany v. Walt Disney Parks & Resorts U.S., Inc., OJCC Case No. 24-002841NAC, Judge Natalie A. Cavallaro considered claims arising from a July 23, 2023 lower-back injury. The claimant sought a caudal epidural steroid injection, a psychiatric evaluation, and temporary partial disability benefits beginning February 19, 2026.

The JCC denied the injection after crediting the authorized doctors over the claimant's IME physician. Prior injections and other treatment had provided no meaningful benefit, the current MRI showed no severe stenosis or neurologic compression, and the IME physician had not reviewed the most recent MRI and records. The psychiatric evaluation was also denied because the referral was made at the claimant's request rather than as an independent medical recommendation, and the evidence did not establish medical necessity or a causal relationship to the workplace accident.

TPD was denied because the JCC found that the claimant had reached overall maximum medical improvement on June 12, 2025, before the claimed period. Although the employer/carrier proved that the claimant used racial and homophobic slurs, its separate misconduct defense was denied because similar conduct was tolerated in the work room, the policy was not consistently enforced, and the claimant had not received prior warnings or discipline. Attorney's fees and costs were also denied.

Source: Compensation Order