Mann v. Excel Ventures, Inc. / Protective Insurance Company
JJCC Moneyham (Panama City Beach) (Matt Bennett) (12-9-2020)– Denied TPD, penalties, and interest. The claimant sustained a compensable left knee injury and a left knee replacement was recommended. He also had an unrelated right knee injury and pre-existing condition and a right knee replacement was recommended. The claimant opted to undergo the right knee replacement first. After the right knee replacement, he was still not ready to have the left knee replaced. The authorized treating doctor opined that there was nothing he could offer the claimant other than the surgery and placed the claimant at MMI. The claimant cited the Olvera case and argued that the claimant was not at MMI because he would not be at MMI until surgery. The JCC discussed the Olvera and Hamilton cases and found that the claimant placed a condition or contingency on the surgery that may never be met. Therefore, the claimant is at MMI and not entitled to TPD benefits. Click here to view Order