JCC Denies Compensability and Benefits After Rejecting Accident Account
In Charles Donahue v. Bridgestone Retail Operations, LLC/Old Republic Insurance Company and CorVel Enterprise Claims, Inc., OJCC Case No. 25-018571RAA, Judge Robert A. Arthur considered claims arising from an alleged May 9, 2025 neck, shoulder, arm, and back injury while installing truck tires.
The JCC found that the claimant did not prove either an acute accident from lifting one tire or a repetitive-trauma injury from lifting several tires. The order emphasized that the initial hospital records did not identify a work accident or neck or shoulder complaints, later records described nontraumatic pain, and the account of the injury varied over time.
Because the JCC found the claimant not credible, it rejected medical opinions that depended on his accident history. The employer/carrier timely used the 120-day pay-and-investigate process, and neither judicial nor equitable estoppel prevented denial. The JCC denied compensability, temporary disability benefits, medical care, penalties, interest, costs, and attorney fees, and dismissed the petition with prejudice.
Source: Compensation Order
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