Mazariegos v. Magic’s Painting / Frank Crum / CCMSI

HR Law Cases
JCC Clark (Fort Myers) (Jonathan Cooley) (3-18-24) – Allowed E/C to transfer the claimant from NeuroRestorative in Sarasota to Hogar Dulce Hogar in Naples. The claimant was injured in a fall resulting in partial paralysis and in-patient admission to Gulf Coast Medical Center in Fort Myers. The claimant underwent spinal fusion surgery and was transferred to Brooks Rehab in Jacksonville and then to Neurorestorative in Sarasota. NeuroRestorative discharged the claimant on 12/1/23 and detailed recommendations for further rehab and assistance. The E/C retained Paradigm Management Services to assist with the transfer of the claimant.  Paradigm testified the assisted living facility in Naples would be able to provide the claimant with ongoing ancillary services. The JCC agreed with the E/C’s assertion that F.S. 440.13(2) requires medically necessary treatment, but allows the E/C to choose the claimant’s providers. The JCC found that the transfer to the assisted living facility, with the approval of the staff at NeuroRestorative, was appropriate and reasonable.   Click here to view Order