JCC Denies TPD Before Hand Surgery After Finding Claimant Stayed at MMI

In Michelle Williams v. Sunrise Health and Rehab Center/MEMIC Indemnity Company, OJCC Case No. 24-009792MJR, Judge Michael J. Ring addressed a nurse's claim for temporary partial disability benefits from August 21, 2025 through November 20, 2025. The claimant had suffered compensable COVID-related injuries and critical care myopathy affecting both hands and wrists, had already undergone multiple hand surgeries, and later underwent a left median nerve decompression on November 21, 2025.

The judge denied the pre-surgery TPD claim because the authorized hand surgeon, Dr. David Gilbert, repeatedly kept the claimant at maximum medical improvement after January 30, 2025. His office notes and DWC-25 forms continued to state that MMI was unchanged even when surgery was discussed on August 21, 2025, and he did not plan to rescind MMI until surgery was actually performed. Although the claimant's IME later suggested she was not at MMI, the order found that opinion did not overcome the clear and explicit treating records.

The order therefore denied TPD, as well as penalties, interest, attorney's fees, and costs tied to that claim period. The practical point is that discussing or even offering a future surgery does not itself take a claimant off MMI; the record still needs a clear medical opinion that further recovery can reasonably be anticipated before temporary disability benefits resume.

Source: Compensation Order