Ardila v. Freeman Co. / Sedgwick CMS

HR Law Cases


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