Arriaza v. Southeast Personnel Leasing / Lion Insurance / Packard Claims

JCC Johnsen (West Palm Beach) (Anthony Amelio) (9-23-2026) – Denied Compensability. The 49-year-old construction worker developed increasing upper and mid-back pain on 1/26/2026 after repeatedly moving rebar overhead for a week with no traumatic event. He worked until 1/29/2026 when he was diagnosed with T4, T5 and T6 compression fractures resulting in surgery on 2/6/2026.  He had another T11 fracture with no new accident or heavy activity with surgery on 4/6/2026. The claimant had preexisting osteopenia treated with Tymlos, usually used for osteoporosis. The JCC rejected claimant’s IME, Dr. Weiss’s, opinion that repetitive loading was MCC noting he did not know length, weight or amount of rebar carried. The JCC found the E/C’s IME, Dr. Brown’s, opinion more persuasive. Dr. Brown opined MCC was osteopenia and other preexisting medical factors and that the claimant had low-bone strength that could fail without significant pressure or loading evidenced by demineralization, multiple simultaneous fractures and the later T11 fracture.     Click here to view Order