JCC Awards TPD After Shoulder Surgery Was Delayed by Medical Clearance Dispute

In Ernest Woods v. Sugar Cane Growers Cooperative of Florida/USIS, OJCC Case No. 25-006845TAH, the claimant sought temporary partial disability benefits from October 18, 2025 through June 3, 2026 after authorized shoulder surgery was delayed by questions about pre-op medical clearance. The employer/carrier argued all temporary indemnity due had already been paid and pointed to a reinstated MMI opinion when surgery did not go forward in late 2025.

Judge Thomas A. Hedler found Woods proved he was not truly back at MMI during the disputed period. The order relied on the authorized shoulder surgeon's testimony that surgery remained recommended, that Woods stayed under restrictions, and that the only reason MMI was temporarily reinstated was the mistaken assumption that Woods could not obtain clearance. The evidence also showed Woods pursued clearance without delay and that a gastroenterologist ultimately concluded his chronic hepatitis C did not actually bar surgery.

The final order grants TPD from October 18, 2025 through June 3, 2026, plus penalties, interest, attorney's fees, and costs. The practical takeaway is that a claimant does not necessarily lose temporary benefits just because an unrelated medical issue complicates pre-op clearance, especially where the carrier accepts responsibility to address the obstacle and the authorized surgeon still expects further recovery from the recommended procedure.

Source: Compensation Order