Albuquerque v. Anima Domus / AmTrust North America of Florida

HR Law Cases

Andrew R. Borah


JCC Havers (Miami)(3-17-18) – Denied claims for physical therapy and pain management. The E/C accepted a cervical sprain strain and shoulder sprain, which ultimately proceeded to an EMA (Rozencwaig). The JCC accepted the EMA opinions that the claimant’s cervical strain and shoulder had resolved. The EMA opined the claimant’s pre-existing degenerative disease was the MCC of his complaints. The JCC rejected the EMA opinion that the claimant suffered no cervical injury from the work place event, as it exceeded the scope of his evaluation. He rejected the claimant’s arguments that the E/C waived the right to contest physical therapy by not responding within 10 days per F.S. s. 440.13(3)(d) and (i). The JCC found this would only be true if the medical care is medically necessary and the result of the industrial accident. As the therapy was recommended as treatment for spondylosis and radiculopathy, waiver did not occur. The JCC found that the claimant’s cervical and shoulder strains had resolved, and no further care was due.
View JCC Merits Order