JCC Denies TPD and Finds No Waiver After Subsequent MVA

In Gordon v. City of Dania Beach, OJCC Case No. 24-029078MJR, Judge Michael J. Ring decided a Petition for Benefits seeking temporary partial disability (TPD) from July 30, 2025 forward following a November 20, 2023 accident.

The employer/servicing agent argued the claimant reached MMI on December 15, 2023 and later suffered a non-work motor vehicle accident in June 2024. The order found the claimant worked full duty for the employer until resigning in March 2025 and did not receive authorized treatment after MMI until after the later accident.

On the waiver issue, the JCC found the servicing agent promptly filed a Notice of Denial after learning of the later accident from an authorized January 3, 2025 Concentra visit. Crediting uncontroverted medical opinion on major contributing cause, the JCC concluded there was no waiver and denied the TPD claim; the related claim for penalties, interest, fees, and costs was also denied.

Source: Final Compensation Order