Justin v. AlphaStaff Group, Inc. / Amtrust

HR Law Cases

JCC Ring (Fort Lauderdale)(Andy Borah)(5-13-21) – Denied authorization of return visit to Dr. Steinlauf. The claimant was injured while working as a laborer for the Employer when a jackhammer went through the top of his right shoe, striking the top of his foot. The E/C accepted the Claimant’s accident and resulting injuries as compensable. Dr. Ringler, podiatrist, provided initial treatment on 1/9/17 and diagnosed Claimant as suffering from fractures of the proximal phalanx of toes 2, 3, 4, and 5. Subsequently, Dr. Ringler interpreted an MRI of the right foot which revealed that the fractures were well healed, with no displacement. Thereafter, Dr. Ringler placed the claimant at MMI with a 1% impairment rating. The claimant requested a one-time-change, which resulted in the care of Dr. Steinlauf, a board-certified orthopedic foot specialist. At Dr. Steinlauf’s initial evaluation he opined that claimant had significant pain, but according to the x-rays, the fractures were healed. To be sure, Dr. Steinlauf ordered a CT scan of the right foot, which also showed that the fractures were healed. Subsequently, Dr. Steinlauf placed the claimant at MMI with a 1% impairment rating. Dr. Steinlauf opined that the injuries from the accident had resolved and future medical treatment was not necessary. The claimant’s IME, Dr. Merkle, board-certified orthopedic foot and ankle specialist, found the CT scan revealed the fractures were healed. However, he stated that it would be reasonable for the claimant to see an orthopedic once a year if the claimant experiences a flare-up. The JCC accepted Dr. Steinlauf’s opinions over that of Dr. Merkle’s, because Dr. Steinlauf saw the claimant over a 28-month period and Dr. Merkle only saw the claimant once.     Click here to view Order