BY:
JCC Orders
Carlos Blanco v. City of Hialeah/Sedgwick CMS
JCC Castiello; Miami District; Order Date: November 6, 2015
OJCC Case: 13-002455GCC; D/A: 4/17/2001
Claimant’s Counsel: Thomas C. Horner
Employer/Carrier’s Counsel: Eduardo E. Neret
Briefly: MODIFICATION OF PRIOR ORDER DENYING PTD – JCC Castiello denied the Petition for Modification of the prior order denying permanent total disability benefits and found there was no change in condition to support modification.
Summary: The JCC found there was no mistake of fact in the prior JCC’s determination that the claimant was not permanently and totally disabled. The JCC also found there was no new evidence presented at the present hearing and there was no change of condition to support modification of the prior JCC’s order denying PTD. The JCC found that the evidence suggested that the claimant was in a better condition, not worse, than when the Employer/Carrier’s IME physician initially saw the claimant two years prior. The JCC noted no significant changes in the relevant radiographic studies taken over time.
Additionally, the JCC found that at least two dozen job titles of sedentary positions have been identified which the claimant’s transferrable skills would allow him to partake in given his restrictions. The JCC found the claimant retained a substantial earning capacity and that there are a sufficient number of jobs within the local economy the claimant is capable of performing.
Brett Daggett v. City of Tampa/Commercial Risk Management
JCC Spangler; Tampa District; Order Date: November 6, 2015
OJCC Case: 15-007178EDS; D/A: 1/27/2015
Claimant’s Counsel: E. Taylor Davidson
Employer/Carrier’s Counsel: L. Gray Sanders
Briefly: MAJOR CONTRIBUTING CAUSE; TIMELY NOTICE OF ACCIDENT – JCC Spangler found the claimant developed a compensable work-related condition from overuse of his right shoulder at work and timely provided notice of accident to his supervisor.
Summary: The JCC accepted the claimant’s testimony that after performing overhead lifting for several weeks, he began to experience pain in the upper portions of his right shoulder and noticed a shaking sensation in his right hand. The JCC accepted Dr. Keith Goldstein’s opinion as an authorized evaluator that the claimant’s condition was right shoulder tendinitis, likely resulting from acute overuse superimposed over a chronic, degenerative condition.
The JCC also accepted the claimant’s explanation with regard to notice of accident and found that the claimant advised his supervisor of his medical appointment with an orthopedist to investigate the nature of work connectedness of the claimant’s shoulder complaint and it was not until the evaluation was completed that the claimant, as a reasonable person, could have been sure of the occupational character of his complaints. The JCC accepted the claimant’s testimony that he inquired about the work connection and workers’ compensation to his supervisor several times and never received information. The JCC found that the failure to report the possible work connection of claimant’s complaints to the HR department was not the claimant’s failure, but was the responsibility of the supervisor who should have inquired further.
Julio A. Ramos v. Deerfield Hotel One, LLC/AmTrust North America of Florida
JCC Hogan; Fort Lauderdale District; Order Date: November 6, 2015
OJCC Case: 14-011114GBH; D/A: 3/28/2014
Claimant’s Counsel: Harvey. Kaufman
Employer/Carrier’s Counsel: Robert D. Friedman
Briefly: TEMPORARY PARTIAL DISABILITY – JCC Hogan granted the claim for temporary partial disability benefits and noted that according to the testimony of the authorized pain management provider, any notations that the claimant had reached maximum medical improvement were made in error.
Summary: The claimant’s authorized pain management provider, Dr. Daly, and the authorized treating physician, Dr. Schechter, both recommend epidural steroid injections. Although Dr. Daly indicated on a DWC-25, “defer to ortho” on the section to address MMI, the doctor testified during her deposition that it was error to place the claimant at maximum medical improvement, because she wanted to administer an epidural injection.
The JCC found the claimant was not at maximum medical improvement, was not working, and was therefore entitled to temporary partial disability benefits.
Thelma Hush v. Star Metro/City of Tallahassee
JCC Lazzara; Tallahassee District; Order Date: November 6, 2015
OJCC Case: 14-023329JJL; D/A: 1/28/2014
Claimant’s Counsel: William A. Kempner
Employer/Carrier’s Counsel: Christopher J. DuBois
Briefly: AUTHORIZING MEDICAL TREATMENT; TPD BENEFITS – JCC Lazzara denied the claims for medical and indemnity benefits, and found the need for further medical intervention was a result of the natural progression of the claimant’s pre-existing back problems.
Summary: The claimant was diagnosed with pre-existing back injuries and a prior MRI in 2003 revealed a herniated nucleus pulpous at L5-S1 with moderate encroachment at L5-S1 and mild spondylosis.
The claimant treated for the industrial accident with a neurosurgeon, Dr. Rumana, who testified that the claimant’s findings were “chronic” in nature and “not acute.” Dr. Rumana opined that the claimant did not suffer a permanent injury as a result of the accident. Likewise, the authorized pain management specialist, Dr. Fuhrmeister, placed the claimant at maximum medical improvement with a 0% permanent impairment rating and opined the claimant’s need for further medical intervention was unrelated to the industrial accident. Additionally, the claimant’s one-time change in physicians, Dr. Chandler, a pain management specialist, opined that no additional treatment was necessary and that the claimant’s current symptoms were related to a prior injury and her obesity, as opposed to any trauma while employed with the employer.
The JCC accepted these three physicians over the claimant’s IME physician and found the claimant’s IME opinion was based on the doctor’s reliance on the claimant’s history. The JCC found the claimant’s testimony was not particularly credible with regard to her prior back condition that she related to her doctors.