JCC Denies Compensability for Walker Fall Tied to Idiopathic Cerebral Palsy

In Georgette Charles v. Maximus, Inc./American Zurich Insurance Company and Constitution State Services, OJCC Case No. 26-003782RLY, Judge Rita L. Young denied compensability and related treatment claims after a January 27, 2026 fall at work. The claimant, who has longstanding cerebral palsy and used a walker, testified that she lost control of the walker after moving from tile onto carpet on her way back from the restroom.

The JCC found the medical evidence and testimony showed the claimant’s preexisting cerebral palsy predisposed her to falling and that walking from tile onto carpet did not create an industrial "increased hazard." Relying heavily on Silberberg v. Palm Beach County School Board, the order held there was no competent substantial evidence that the work activity was the major contributing cause of the accident or resulting injuries.

Judge Young also rejected the claimant’s waiver, estoppel, and 120-day-rule arguments based on the carrier’s authorization of a one-time change visit after the initial denial. Because the carrier timely denied compensability and never rescinded that denial, the JCC denied the orthopedic referral request, attorney’s fees, and costs along with the underlying compensability claim.

Source: Compensation Order