Ballister v. South Beach Group / Normandy Insurance
Andrew R. Borah
JCC Jacobs (Miami) (8-23-19) – Dismissed PFB with Prejudice. The claimant filed a petition for authorization of a neurologist. The E/C denied the claim, asserting a major contributing cause defense, and arguing that a neurological evaluation is not medically necessary. However, the E/C accepted the scalp contusion as compensable. The claimant subsequently moved from Miami to New Jersey, and admitted he was able to drive from Miami to New Jersey. However, the claimant asserted he could not afford to fly back to Miami for the final hearing. The JCC denied the claimant’s motion for continuance, as he failed to demonstrate a circumstance beyond his control. The JCC agreed to allow the claimant to appear by phone for the final hearing. However, the claimant argued that he needed to appear in person in order to show the JCC the “bump” on his head that was causing the neurological issues. The claimant presented no witnesses or other documentary evidence that a neurological examination was medically necessary. The JCC dismissed the petition with prejudice.
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