Glazier v. KRK Enterprises / AYS Employee Leasing / AmTrust

JCC Andersen (Sebastian/Melbourne) (Paul Terlizzese)(2-7-22)– Denied treatment to lumbar spine.  Compensable claim in which the claimant was ultimately diagnosed with spondylolistheses (pre- existing with aggravation from the accident). The JCC held that the 120-day rule did not apply as the E/C never denied compensability and there was no evidence the accident-induced lumbar condition was ever controverted. Further, such acceptance and authorization did not preclude the E/C from later challenging the causal relationship between further treatment and the work injury. No evidence was provided that the E/C accepted or authorized the claimant’s pre-existing spondylolistheses outside of an exacerbation. Dr. Lenard as EMA ultimately opined that the claimant’s work-related lumbar spine condition caused was at MMI, should have resolved within eight weeks of the accident, and any positive findings were due to the claimant’s personal condition. Click here to view Order