Henderson v. HCA Florida Osceola Hospital / Broadspire

JCC Jacobs (Orlando) (Derrick E. Cox) (12-20-2025) – Denied all requested benefits for AWW adjustment, TPD, MR Arthrogram, pain management, compensability of labral tear, bursitis and impingement syndrome and IIBs based on a 5% PIR. The claimant had a shoulder arthroscopy and debridement for a compensable partial thickness rotator-cuff tear and was placed at MMI by Dr. Schwartzberg, who found no labral tear during surgery. The one-time change, Dr. Hurbanis, gave a 0% PIR. The claimant obtained an IME with Dr. Torres, who recommended an MR Arthrogram and pain management.  Dr. Torres diagnosed a labral tear, bursitis and impingement syndrome.  Dr. Torres opined that if the claimant was at MMI, then she would have a 5% PPI.  The JCC accepted Dr. Hurbanis’ opinions of no impingement syndrome, labral tear or bursitis and no medical necessity for an MR arthrogram or pain management over the opinions of Dr. Torres. The JCC noted that Dr. Torres should have looked to the claimant to pay for the arthrogram if he felt it necessary to complete his exam. The JCC held the waiting period was not extended so no TPD was due. The JCC found the weekly non-smoker credit was not an includable bonus so no AWW adjustment was due.  Click here to view Order