JCC Denies PTD and Treatment Claims After Prior MMI Stipulation

In Baltazar v. Nesco Resource/ESIS WC Claims, Judge Mark A. Massey denied a broad set of indemnity and medical claims arising from a 2020 slip-and-fall accident. The claimant sought additional temporary disability, permanent total disability, impairment benefits based on a 6% rating, and multiple diagnostic and treatment benefits.

The order turned heavily on the prior expert medical advisor opinions and the parties' 2024 stipulation that the claimant reached maximum medical improvement on August 3, 2022 with a 2% permanent impairment rating. The JCC found no persuasive evidence of a later change in circumstances and rejected the competing 6% impairment theory.

On the medical claims, the JCC found the requested x-rays, injections, knee MRI, medications, surgery, physical therapy, and other treatment either unsupported by current authorized recommendations, directed to non-compensable body parts, moot, or otherwise not medically necessary. The order also rejected renewed efforts to obtain another EMA evaluation on issues the earlier EMA process had already addressed.

The PTD claim failed as well. The JCC credited evidence that the claimant remained capable of at least sedentary work, noted surveillance and credibility concerns, and found that the claimant had not performed an exhaustive or good faith job search. All claims for related attorney's fees and costs were denied.

Source: Compensation Order