| JCC Havers (Miami) (Kate Albin)(9-17-21) – Denied all pending claims with prejudice. The claimant worked for the employer for approximately 10 years as a food packer up until her alleged work accident of November 27, 2018, which alleged a repetitive trauma injury to her low back caused by heavy lifting and bending while performing her job duties. The E/C denied compensability of the injury. The claimant was deposed multiple times and testified that she had been to the hospital on several occasions for low back pain but could not remember when she first started reporting to the hospital. She also testified that she first reported her low back pain to her supervisor in 2011, which resulted in 5 to 6 visits at Physicians Health Center. The claimant ultimately filed a second workers’ compensation claim for an alleged D/A of April 19, 2011 with the same employer but a different carrier. That claim was accepted as compensable by the alternative carrier. Dr. Michael Langone performed the claimant’s IME and opined that the claimant’s low back pain began in 2011 and the repetitive stress of the job resulted in an aggravation of her spondylitic spondylolisthesis. Dr. Langone ultimately opined that the MCC of the aggravation was the repetitive trauma leading up to the November 27, 2018 IA. Dr. Jon Donshik performed the E/C’s IME and opined that the claimant’s work duties were not a contributing factor to her current need of lumbar treatment. Dr. John Nordt was appointed as an EMA and opined that the Claimant’s low back condition is not causally related to her ten years of work with the Employer. The JCC accepted the opinions of the EMA and determined that the alleged repetitive trauma was not the Major Contributing Cause of the claimant’s low back condition. Click here to view Order |