JCC Awards TPD and Knee Treatment After Rejecting MMI Defense

In Stinfil v. Psalm 127 LLC d/b/a First Light Home Care of the Treasure Coast/Normandy Insurance Company, OJCC Case No. 25-008065KAH, the claimant slipped and fell while working as a caregiver/home health aide, injuring her left knee and left side. The employer/carrier accepted the accident but later relied on Dr. Rossario's MMI and causation opinions to dispute additional TPD and medical benefits.

Judge Kimberly A. Hill found Dr. Lazzarin's opinions more persuasive than Dr. Rossario's. The order emphasized that Dr. Rossario initially related a left knee contusion and patellar tendinitis to the accident, had not reviewed the MRI images, and did not provide a persuasive explanation for later placing the claimant at MMI with no restrictions.

The JCC also held the employer/carrier to its stipulations that the left knee, left hip, and left shoulder injuries were compensable, rejected the res judicata defense to the refiled TPD and penalty claims, and found no proven break in the causal chain or new major contributing cause.

The practical result is that TPD benefits, statutory penalties and interest, a follow-up with Dr. Rossario, physical therapy, lidocaine patches, fees, and costs were granted. The JCC denied reimbursement for the MRI CD charge, denied authorization of a new orthopedist because Dr. Rossario remained authorized, and limited copay reimbursement to $10.00.

Source: Compensation Order