JCC Forte (Ft. Lauderdale)(Paul Terlizzese)(8-30-21) – Denied TPD. Claimant underwent spine surgery with Dr. Baynham and was ultimately placed at MMI with a 10% impairment rating and permanent restrictions. He referred the claimant to Dr. Chaitoff for pain management. Dr. Chaitoff deferred to Dr. Baynham regarding restrictions but indicated the claimant was not at MMI as he believed that the treatment he had provided or was recommending to be curative and not palliative in nature. The JCC accepted the opinions of Dr. Baynham that the facet injections and potential rhizotomy were for temporary symptom relief. The facet injection only provided the claimant a week’s worth of pain relief. Dr. Chaitoff testified the claimant would not be at MMI until after the RFA procedure. The JCC found the doctor left it up to the claimant to determine when he would reach MMI by allowing the claimant to schedule the RFA procedure at his convenience. The JCC found the claimant was at overall MMI per Dr. Baynham but denied the E/C’s apportionment. Click here to view Order
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