JCC Orders Follow-Up Care Under 120-Day Waiver Despite MCC Defense

In Badillo v. C.M.T.G. Inc., d/b/a McDonalds, OJCC Case No. 19-018311SMS, Judge Walter J. Havers addressed a Petition for Benefits seeking authorization of a follow-up appointment with neurosurgeon Dr. Steven Vanni.

The employer/carrier argued major contributing cause (MCC), relying on Dr. Vanni’s deposition testimony that any ongoing follow-up care would be due to the claimant’s preexisting cervical condition rather than the work accident. The JCC accepted that MCC opinion as uncontroverted, but separately analyzed waiver under the 120-day rule in section 440.20(4), Florida Statutes.

The order found the carrier authorized and paid for prior post-fusion visits and imaging, yet did not deny compensability for that course of care within 120 days. Because the denial was issued more than a year after benefits began, the JCC found waiver and ordered the employer/carrier to provide the requested follow-up appointment. Jurisdiction was reserved on the amount of attorney’s fees and costs.

Source: Compensation Order