Shenefield v. Consulate Health Care LLC / XL Insurance Company / Alternative Service Concepts

HR Law Cases


JCC Massey (Tampa) (Paul Terlizzese) (10-7-22) – Denied TTD/TPD, penalties and interest – The claimant sustained a compensable 2019 right hip fracture.  Post-surgery, the claimant fell and had a compensable left humerus fracture.  The claimant treated and was eventually placed at overall MMI in March 2021 with a 10% PIR.  Based on continued complaints of pain, she was referred to an upper extremity surgeon in 2022.  In June 2022, the shoulder surgeon (Donaldson) saw the claimant and discussed surgery and non-operative care.  The claimant returned in July 2022 and indicated she was not interested in surgery, so Dr. Donaldson said he had nothing further to offer and placed her at MMI with the same rating and same restrictions as before.  The claimant’s IME (Fiore) indicated that the claimant was not at MM and needed injections, therapy and ultimately surgery.  The JCC found there was no actual provision of remedial treatment or even recommendation for actual remedial treatment and therefore the claimant remained at MMI after the March 2021 MMI date.  Click here to view Order