JCC Denies Request for Further Physiatric Treatment

In Henry Jean v. Cleveland Clinic Martin Health and Commercial Risk Management, Inc. (OJCC Case No. 25-007743KAH), Judge Kimberly A. Hill denied a request for treatment with another physiatrist after the authorized physiatrist ended the physician-patient relationship. Jean had already used his statutory one-time change of physician, so the judge evaluated whether the requested care was medically necessary under section 440.13(2)(a), Florida Statutes.

The judge gave greater weight to the authorized physiatrist’s opinion, which was supported by examinations, imaging, and other physicians’ assessments. The evidence did not establish that further physiatric treatment, including palliative care, was medically necessary for the accepted low-back and right gluteal injuries or that the right knee currently needed physiatric treatment.

The judge did not reach the major contributing cause defense. The order also denied prevailing-party costs and employer/carrier-paid attorney’s fees on the petition.

Source: Compensation Order