Farnham v. Association Payroll Services: Orthopedic Surgeon Authorized, ER Visit Denied

In Farnham v. Association Payroll Services LLC/NorGuard Insurance Company, OJCC Case No. 25-023887WWA, Judge Wilbur W. Anderson considered whether the claimant was entitled to an orthopedic-surgeon appointment and whether the employer/carrier had to accept responsibility for a January 6, 2026 emergency room visit after a low-back accident.

The JCC credited the claimant's IME physician, Dr. Atwater, over the one-time-change physician and the employer/carrier IME. The order emphasized that preexisting lumbar degeneration did not answer the key causation question because the claimant had been working manual labor without significant symptoms before the lifting-and-twisting accident, and Dr. Atwater more directly explained the post-accident onset and persistence of symptoms.

The claim for authorization and scheduling of an orthopedic surgeon was granted. The ER-visit claim was denied because the claimant did not place the ER records in evidence or offer medical testimony establishing that the visit was medically necessary and causally related to the work accident; jurisdiction was reserved over fees, costs, and later petitions.

Source: Compensation Order