JCC Denies Lumbar Claim on Accident and Repetitive Trauma Theories

In Charette v. CM-Kelly, LLC/Zenith Claims Solutions, Judge Jack A. Weiss addressed petitions for benefits arising from an alleged October 29, 2025 low-back injury. The claimant sought compensability of the accident and lumbar spine, temporary partial disability benefits, authorization of a primary care physician, payment of an Orlando Health bill, and penalties, interest, costs, and attorney's fees.

The claimant alleged that he injured his lumbar spine while lifting an air-conditioning unit. The JCC focused on contemporaneous records showing that, shortly after the alleged accident, the claimant reported months of right-sided back pain to the emergency department and denied any specific physical injury or trauma during a telehealth visit with his primary-care physician.

The order rejected the claimant's medical causation proof. The claimant's IME physiatrist shifted between a lifting event and repetitive-activity theory, while the employer/carrier's IME neurosurgeon attributed the symptoms to longstanding lumbar spondylolisthesis, stenosis, disc collapse, and degenerative changes that likely developed over years or decades.

Judge Weiss found no competent, credible, contemporaneous proof that a lifting accident occurred and accepted the employer/carrier IME opinion that the alleged work accident was not the major contributing cause of the need for lumbar treatment. The JCC also rejected the alternative repetitive-trauma theory, finding that the claimant did not meet the clear-and-convincing-evidence standard.

The petitions docketed January 27, February 2, and February 9, 2026 were denied and dismissed with prejudice. Because the claimant did not prevail, costs and an employer/carrier-paid attorney's fee were denied, with jurisdiction reserved only over prevailing-party costs. OJCC Case No. 26-002083JAW.

Source: Compensation Order