JCC Awards TPD for Therapy-Related Lost Time, Rejects Broader Wage-Loss Claim

In Young v. Impact Windows Group, LLC, OJCC Case No. 25-013991JPM, the claimant injured his right shoulder while handling glass at work, underwent rotator cuff surgery, and then worked light duty through ReEmployAbility at Hope Thrift while pursuing temporary partial disability benefits.

Judge John P. Moneyham rejected the employer/carrier defense that TPD was barred by untimely DWC-19 earnings reports, finding no proof that the reports were late. The order also found the claimant had not reached MMI and remained restricted from his pre-injury glass work, but that the available Hope Thrift job was suitable and paid $26 per hour.

The award was limited to time missed for travel to and attendance at authorized physical therapy appointments. The JCC denied broader TPD for shortened workdays attributed to mental exhaustion, lack of sleep, or pain because those limits were not supported by medical restrictions until the later six-hour restriction, which the adjuster testified would be accounted for separately.

Source: Compensation Order