JCC Awards Limited TTD but Denies PTD After Finding Sedentary Work Available

In Michael Tarnowski v. First Team Ford, Ltd d/b/a AutoNation Ford Sanford / Indemnity Insurance Co. of North America and Gallagher Bassett Services, Inc., OJCC Case No. 22-008360TSS, Judge Timothy S. Stanton addressed claims for TTD, TPD, and PTD arising from a November 5, 2020 accident. The claimant sought ongoing indemnity benefits through the June 8, 2026 final hearing after treatment for a hamstring injury, low-back complaints, and later chiropractic care.

The JCC found the claimant reached overall MMI on November 12, 2025, but held he was entitled to a limited period of TTD from August 11, 2025 through November 2, 2025 because the chiropractor kept him out of work until statutory chiropractic MMI expired at the twelve-week limit. The order awarded TTD for that period subject to an offset for TPD already paid, plus penalties and interest on the unpaid difference.

The order denied any additional TTD, denied all TPD, and rejected the PTD claim. Judge Stanton accepted the authorized orthopedic opinions over the podiatry IME, found a permanent restriction of no lifting over twenty pounds, credited the carrier's vocational expert that sedentary and light-duty jobs were available within fifty miles, and found the claimant's late notebook-based job search was not exhaustive. The JCC also awarded claimant's attorney's fees and costs, with jurisdiction reserved on amount if the parties cannot agree.

Source: Compensation Order