Scott v. QSL Management: Back Claims Denied on MCC and Misrepresentation

In Scott v. QSL Management, LLC d/b/a The Blake at Miramar Beach/Guide One Insurance Group, OJCC Case No. 22-030065JW, Judge Jonathan E. Walker considered claims for AWW adjustment, TTD, TPD, compensability, and additional medical care after a May 24, 2022 low-back accident.

The JCC credited authorized orthopedic surgeon Dr. Brandon Cook, who testified that the claimant's remaining condition, restrictions, and need for treatment were caused by a longstanding preexisting low-back condition rather than the industrial accident. The order found that the work accident may have temporarily exacerbated the condition, but the back condition returned to baseline and the claimant did not prove major contributing cause for the requested benefits.

The JCC also accepted the employer/carrier's misrepresentation defense after comparing the claimant's deposition denials of prior low-back pain, treatment, testing, and work accidents with records showing years of lumbar complaints, imaging, physical therapy, and neurosurgical evaluation. All claims were denied and dismissed with prejudice, including penalties, interest, costs, and attorney's fees.

Source: Compensation Order