Smith v. Timothy Rose Contracting / Starstone

HR Law Cases

JCC Dietz (Sebastian/Melbourne)(Greg White)(10-14-21): Denied defense of misrepresentation and declination of taking a drug test, denied payment of past medical care, granted TPD from 2/3/2, and granted authorization of Flexeril, Ibuprofen and an orthopedist. The claimant was injured when a saw he was using struck him in the chest. He was cut, but no medical treatment was authorized by the employer. He went home, cleaned up and returned to work. He denied refusing a drug test.  He ultimately went on his own to the ER and the E/C subsequently accepted the claim under the 120-day rule authorizing a walk-in-clinic. He was placed on restrictions and referred to an orthopedist, whom he never saw due to the denial of this claim.  The E/C asserted the claimant lied about his denial of a post-accident drug test but the JCC found evidence supporting the claimant’s story that he was never instructed to undergo such a test.  The JCC therefore denied the misrepresentation and drug test defenses and granted TPD because there was no evidence of a light duty offer.  The JCC also found there was evidence to support the medical necessity of Flexeril, ibuprofen and an orthopedist, but denied payment of the initial ER visit because there was no evidence this treatment was reasonable and medically necessary.  Click here to view Order