JCC Awards Left Shoulder Surgery After Treating Doctor Reverses MCC Opinion

In Steven Tzoucalis v. Genesis Healthcare, LLC/Technology Insurance Company Inc., OJCC Case No. 25-027370MJR, the claimant sought authorization and provision of left shoulder surgery after injuring his shoulder while helping transfer a 270-pound patient at work.

Judge Michael J. Ring accepted the claimant's testimony about remote prior shoulder complaints and found his failure to recall those old incidents was not intentional. The JCC rejected the employer/carrier's reliance on the authorized orthopedist's changed causation opinion, which was based on an adjuster email before the doctor reviewed prior medical records.

The JCC credited Dr. Ellowitz's IME opinion that the acute rotator cuff tear and need for arthroscopic repair were medically necessary and caused by the June 9, 2025 industrial accident, granted authorization and provision of left shoulder surgery, and awarded entitlement to attorney's fees and costs.

Source: Compensation Order