Endy v. TLR of Bonita, Inc. dba Enterprise HR, Inc.
Gregory D. White
JCC Owens (Port St. Lucie)(1-16-18) – Denied surgery and compensability of right leg, awarded TPD and granted compensability of low back and right hip. Claimant injured his back while lifting lumber. The authorized surgeon ultimately recommended a right L2-3 transpedicular microdiskectomy. The E/C IME opined that Claimant was at MMI with no impairment rating and no work restrictions. The EMA evaluated Claimant roughly one year post-injury, and opined that while heavy lifting was the cause of his injuries, a microdiskectomy was not medically necessary, and was not likely to be helpful. The EMA also opined that Claimant was not at MMI and required work restrictions, including no work during the summer. Claimant returned to work light duty until May 2017, when he was terminated due to being unable to work through the summer. The claimant began work at another company immediately after his termination, with a lower AWW. The JCC rejected the E/C ‘s voluntary limitation of income defense, pointing out that Claimant worked for six months after his injury, and secured work that could accommodate his restrictions shortly after being let go. The JCC also held that the microdiskectomy was not medically necessary based on the EMA’s opinion. Per the EMA, he found the low back and right hip compensable, but not the right leg.
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