JCC Denies Return to Pain Management After MMI and No Causal Proof

In Kevin Kyle Santiago v. Florida Power & Light Company/CorVel Enterprise Claims, Inc., OJCC Case No. 24-012196ERA, Judge Edward Almeyda considered a request for a return visit with the authorized pain-management physician after an accepted April 16, 2024 neck injury.

The authorized orthopedic physician placed the claimant at maximum medical improvement without impairment and concluded that no further accident-related treatment was necessary. The pain-management physician likewise agreed that further treatment was not needed because of the accident, and the JCC found no medical evidence establishing a current need to return or linking such a need to the compensable injury rather than the chronic preexisting condition.

The JCC rejected the claimant's waiver and 120-day-rule arguments, explaining that the 120-day rule concerns compensability rather than the need for treatment after an accepted accident. The claim for a return visit was denied, and all claims were dismissed with prejudice.

Source: Compensation Order