Pollock v. Sapp's Land: Left Knee Replacement Denied

In Richard Pollock v. Sapp's Land and Excavating d/b/a Jerry Sapp Timber Company, OJCC Case No. 24-002102JLN, Judge Jacquelyn L. Newman considered a claim for ongoing left-knee care, including evaluation for and authorization of a total knee replacement. The claimant injured his knee in a May 8, 2023 truck rollover and had not experienced significant knee pain or limitations before the accident, despite preexisting end-stage osteoarthritis.

The JCC found that the accident caused a knee contusion and exacerbated the previously asymptomatic arthritis. The authorized orthopedist related the claimant's symptoms to the accident and recommended knee replacement, but did not state whether the accident or the preexisting arthritis was the major contributing cause of the need for continuing treatment. The employer/carrier's IME physician gave the only major-contributing-cause opinion and attributed the treatment need primarily to the preexisting arthritis.

Applying section 440.09(1)(b), Florida Statutes, the JCC held that the claimant did not prove the work accident was more than 50 percent responsible for the need for treatment. The order denied ongoing left-knee treatment, referral to a joint-replacement specialist, total knee replacement, costs, and attorney's fees.

Source: Compensation Order