JCC Grants Neurology Evaluation but Denies Treatment Pending Causation

In Debbie Robinson v. AARP/Lodestar Claims & Risk Services, Inc., OJCC Case No. 25-013032TAH, the claimant sought authorization of a neurologist to evaluate and treat persistent headaches after a plastic ceiling-light cover fell and struck her head at work on April 3, 2025. The carrier had accepted scalp contusion and cervical sprain, but disputed whether a neurology referral was medically necessary or related to the compensable accident.

Judge Thomas A. Hedler denied the carrier's last-minute motion for an expert medical advisor as untimely, then credited Care Spot physician Dr. Liliana Awan over Concentra physician Dr. Tory Snyder on the evaluation issue. The order found Dr. Awan's referral was reasonably necessary to determine whether the industrial accident caused the ongoing headaches, especially after months of complaints, physical therapy without improvement, and MRI findings that still warranted neurological review.

But the judge drew a line between evaluation and future treatment. Relying on the First DCA's reasoning in Mavis Tire & Brakes v. Lowry, the order granted authorization of a neurologist to evaluate the claimant and awarded fees and costs on that benefit, while denying prospective treatment because causation for any later neurology care was not yet ripe for adjudication. For employers and carriers, the ruling is a reminder that an evaluation request can succeed even when broader treatment remains contestable.

Source: Compensation Order