Ardila v. Freeman Co. / Sedgwick CMS
JCC Sojourner (Orlando) (Bill Rogner)(3-16-22) – Denied lumbar surgery – The claimant had multiple prior accidents with the same employer, including two to the lumbar spine. Claimant’s authorized doctor (Broom) and one time change (Patel) opined the claimant had a sprain/strain which exacerbated her pre-existing conditions. Claimant’s current doctor (Razak) recommended surgery due to the pre-existing degenerative findings, which he opined were the MCC. Claimant asserted the E/C accepted the pre-existing conditions under the 120-day pay and investigate provision of 440.20(4). The JCC concluded that that there was no evidence that the E/C treated the pre-existing conditions, and therefore the 120-day rule was not triggered and the doctors had only provided treatment for the exacerbation sprain/strain. Click here to view Order