Final Order: Florida employee Hurt at Work Prevail

Claimant's doctor recommended a two level fusion and the E/C disputed the medical necessity and major contributing cause of the procedure based upon their IME. The JCC appointed an EMA which was not favorable to the claimant on the issue of surgery. Notwithstanding, the JCC concluded the E/C had not timely responded to the request for surgery within ten days and therefore had forfeited the right to contest medical necessity. Additionally, the JCC found there was no evidence of any prior injuries or treatment to claimant's lumbar spine and his condition was normal for a person of his age. Consequently, the JCC found the MCC standard did not apply. Surgery GRANTED.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | State, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© The Law Offices of Franks, Koenig & Neuwelt | Attorney Advertising

Written by:


The Law Offices of Franks, Koenig & Neuwelt on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.