JCC Denies Spine Benefits After MCC Defense Prevails

In Garcia Cruz v. M & M Perfect Framing, LLC/Builder's Insurance Company, Judge Jonathan E. Walker addressed claims arising from a November 21, 2024 plywood-strike accident. The claimant sought compensability, an average weekly wage adjustment, TTD and TPD benefits from the accident date forward, pain-management authorization, and penalties, interest, costs, and attorney's fees.

The JCC found the claimant credible and accepted that he was struck in the lower back while lifting a 4-by-8 sheet of plywood at work. The central dispute was major contributing cause: whether the single 2024 accident was more than 50 percent responsible for the spine condition and requested benefits.

The order accepted the employer/carrier IME orthopedist's causation opinions over the claimant's pain-management IME. The JCC emphasized the MRI findings of multilevel degenerative changes and herniations at L3-4, L4-5, and L5-S1, an old T12 compression fracture, the absence of soft-tissue edema from acute trauma, and supporting opinions from the authorized orthopedist.

The judge also considered the claimant's long history of heavy manual labor in field work, construction, framing, lifting, and bending. Coupled with the two orthopedic opinions, that work history led the JCC to conclude that the compensable accident was not the major contributing cause of the claimed back problems.

The order denied and dismissed with prejudice the claims for compensability, AWW adjustment, TPD, TTD, authorization of medical care, and associated penalties, interest, costs, and attorney's fees. OJCC Case No. 24-029767JW.

Source: Compensation Order