| JCC Massey (Tampa) (Scott Miller) – (4-26-24) Denied authorization of left knee brace. The claimant injured his left knee on October 5, 2019, when a heavy piece of equipment fell off a table, bounced off the floor and struck the outside of the claimant’s knee. Prior to this accident, the claimant treated with Dr. Sellman for left-knee pain. The claimant underwent an MRI on January 9, 2019, which showed an MCL strain, mild osteoarthritis, chondromalacia patella and joint effusion. Following the workplace accident, Dr. Sellman was authorized. The claimant underwent another MRI which showed a worsening so that the medial meniscus was pushed outside of the knee joint itself. Dr. Sellman recommended a surgical evaluation and Dr. Benjamin Maxon was authorized. Dr. Maxon performed surgery and later placed the claimant at MMI. He opined that any further treatment was due to the non-work-related degenerative changes. The claimant requested a one-time change and Dr. Edward Becker was authorized. Dr. Becker recommended a medial unloader brace. Dr. Becker was then provided with records showing the claimant’s prior knee problems. In deposition, Dr. Becker testified that the unloader brace would be related to the pre-existing and unrelated arthritis. The E/C’s IME, Dr. Guttentag, opined that the need for the unloader brace was not the workplace accident. The JCC found that the medical evidence did not support a finding that the work-related injury was the MCC of the claimant’s current condition and need for treatment. The claimant argued that the degenerative changes were compensable under the 120-day rule. However, the JCC agreed with the E/C that the 120-day pay-and-investigate period was never triggered because the E/C never authorized or provided treatment for the degenerative changes. The E/C only accepted and provided treatment for the meniscal tear. Therefore, authorization of the left knee brace was denied. Click here to view Order |