JCC Sets AWW and Denies Neck Treatment in Lorenzo v. Water's Edge Dermatology

In Michelle Lorenzo v. Water's Edge Dermatology, LLC/United Heartland, OJCC Case No. 26-005087KAH, the West Palm Beach JCC considered the claimant's average weekly wage and a request for evaluation and treatment of a disputed neck condition following an accepted 2023 head injury.

The JCC found that the available wage statement did not permit a reliable calculation under the usual 13-week method because one biweekly entry combined the accident week with the preceding week. Using 12 complete pre-accident weeks as evidence of full-time weekly wages, the judge set the claimant's average weekly wage at $1,176.44.

On the neck claim, the judge credited the authorized physician's causation opinion over the claimant's independent medical examiner. The order found that longstanding degenerative and inflammatory conditions, rather than the industrial accident, were the major contributing cause of the ongoing cervical symptoms and need for care, and denied authorization and financial responsibility for the requested neck evaluation and treatment.

The order denied fees and costs relating to the neck-condition claim, while reserving jurisdiction over entitlement to fees and costs associated with establishing the average weekly wage.

Source: Compensation Order