JCC Denies Low-Back Claim for Untimely Notice

In Christopher Martin v. Stallion Equities LLC, dba Randy's Holiday Lighting/Travelers Casualty and Surety Company, OJCC Case No. 25-007168BKC, Judge Barbara K. Case issued a Final Compensation Order on a claimed September 3, 2024 low-back injury. The claimant sought compensability, ongoing TTD or TPD, mileage reimbursement for travel to Dr. Incledon, reimbursement of 800 dollars in chiropractic bills, and employer-paid attorney's fees and costs.

The order turned on the 30-day notice defense. Judge Case credited supervisor Evan Monsour's testimony over the claimant's account, found the September 19, 2024 email about hamstring pain read like the first report of the condition, and concluded the employer did not have actual knowledge that the complaints were being asserted as work-related. The JCC also found the claimant knew how to report workplace injuries, had access to the required forms, and did not show that any statutory notice exception applied.

Because the claimant failed to timely report the alleged work injury as arising out of and in the course and scope of employment, the JCC denied compensability, denied the claims for indemnity, mileage, chiropractic reimbursement, and fees and costs, and denied and dismissed all pending petitions for benefits with prejudice. The ruling therefore ended the case without reaching the remaining defenses on medical causation, disability, or unauthorized care.

Source: Compensation Order