Rosenfeld v. City of Miami Beach: L4-5 Conditions and Follow-Up Care Granted

In Leslie Rosenfeld v. City of Miami Beach/CorVel Enterprise Claims, Inc., OJCC Case No. 26-000438SMS, Judge Sylvia Medina-Shore addressed compensability and follow-up care for a 2006 low-back injury. The claimant had continued working for the City while receiving authorized treatment for many years.

The JCC found that the employer/carrier waived its right to contest compensability of the claimant's L4-5 conditions after continuing to authorize treatment despite contrary causation evidence. The order granted compensability of low-back pain, L4-5 degenerative disc disease with an annular tear and radiculopathy, and an L4-5 disc bulge or herniation.

The JCC also ordered a follow-up appointment with Dr. Jon Donshik, crediting the longtime treating physician's opinion that continued care was medically necessary. Other broadly described lumbar conditions that were not properly pleaded and mediated were denied, and the claimant was awarded employer/carrier-paid attorney's fees and costs for the benefits secured.

Source: Compensation Order