JCC Denies Neck and Back Care After Intervening Accidents

In Holman v. The School Board of Miami-Dade County/Gallagher Bassett Services, Inc., OJCC Case No. 12-001252JLN, the claimant sought authorization of Dr. Christopher Brown to examine and treat her cervical spine and requested a pain management specialist for continuing lumbar care. The claim arose from an accepted October 20, 2011 school-bus accident involving low back, neck, and left shoulder complaints.

Judge Jacquelyn L. Newman found that the employer/carrier was not barred by the 120-day rule from contesting the new medical requests. Although the 2011 accident and initial injuries had been accepted, the order focused on whether the work accident remained the major contributing cause of the claimant's current need for cervical and lumbar treatment.

The JCC denied the requested medical care after crediting evidence of later non-work motor vehicle accidents, related treatment, and medical testimony that the current neck and low back complaints could not be tied to the 2011 industrial accident. The order found a break in the chain of causation and denied the requested treatment, costs, and attorney fees.

Source: Compensation Order