Mullen v. Choice Employer Solutions, Inc. / American Zurich Insurance Company

JCC Grindal (Tampa) – Andy Borah (9-2-2026) – Denied claim for authorization and evaluation with Dr. Spencer Smith. The claimant sought authorization for an evaluation with his treating orthopedic surgeon, Dr. Spencer Smith, arguing that his ongoing severe low-back and sacral pain warranted further orthopedic review beyond his current care with pain management specialist Dr. Arpit Patel. The E/C asserted that a return to Dr. Smith was not medically necessary because the claimant’s fractures had healed normally and his current treatment needs were strictly pain management. Both Dr. Smith and Dr. Patel testified that the claimant had reached an orthopedic plateau with no further surgical or structural options available, confirming that his symptoms fell entirely within the scope of pain management. The JCC accepted the testimony of both authorized physicians as credible, determining that the claimant failed to meet his burden of proving that an evaluation with Dr. Smith was reasonable and medically necessary or required for diagnostic purposes.   Click here to view Order