JCC Raises AWW and Awards Medical Care but Denies Indemnity

In Scurry v. Pensacola Motor Sales, Inc. d/b/a Bob Tyler Toyota/RetailFirst Insurance Company and Summit Consulting, LLC, OJCC Case No. 26-003773JW, Judge Jonathan E. Walker addressed average weekly wage, temporary disability, medical care, and a misrepresentation defense after a February 10, 2026 workplace fall caused a right femoral neck fracture requiring surgery.

The Employer/Carrier argued the claimant misrepresented her history of neuromas to obtain workers' compensation benefits. The JCC rejected that defense, finding the claimant may have been mistaken about whether the hip surgery caused or aggravated a neuroma, but the evidence did not show she intentionally lied to secure benefits.

On indemnity, the order found the authorized surgeon's testimony supported full-duty status as of May 14, 2026, so TTD and TPD from July 14, 2026 forward were denied. But because the claimant had not reached maximum medical improvement for the compensable hip injury, the JCC awarded reauthorization of care with Dr. Hlavacek, other previously authorized care, right-hip radiographs, and medically necessary prescriptions including Lidocaine patches.

The JCC also granted the AWW adjustment, including the claimant's prior Toyota dealership earnings under section 440.14(1)(a), and set AWW at $2,154.00. Penalties and interest were denied, while attorney's fees and costs were awarded with jurisdiction reserved on amount.

Source: Compensation Order