Owens v. Hirschback Motor Lines/CBCS and AIU Insurance Company

HR Law Cases
JCC Arthur (Tampa) (Scott B. Miller)(3-11-24)- Denied follow-up appointment, pain management, TTD and TPD. Theclaimant suffered a left-wrist injury as a truck driver when turning a handle to put down the landing gear on a trailer. E/C authorized orthopedic treatment with Dr. Gary Kitay who suspected carpal tunnel syndrome and wrist-flexor tendonitis. Dr. Kitay could not reach a specific diagnosis to explain his complaints after his failed response to injections, report of increase in symptoms with bracing, the diagnostic studies and complaints that did not entirely correlate with the suspected diagnoses. Dr. Kitay opined the work accident was not the MCC of the need for further treatment and explained that the one-time event would not lead to the development of carpal tunnel. Dr. Kitay placed him at MMI with 0%. The claimant’s one-time change, Dr. Crick, referred the claimant to Dr. Georges Bahri for surgical consultation. Neither Dr. Crick nor Dr. Bahri was deposed so JCC relied upon their records. Dr. Crick never gave an opinion on the causal relationship between his diagnoses and the work accident. Dr. Bahri diagnosed carpal tunnel and took him off work, but that was prior to his review of diagnostic studies and prior medical notes. The JCC stated the only recommendation for medical care was for pain management consultation per Dr Crick. The JCC accepted the opinions of Dr. Kitay and denied the requested benefits,  finding the claimant failed to prove causal connection between the compensable injury and the need for treatment and work restrictions.   Click here to view Order