JCC Denies Right-Shoulder Treatment After Distal Biceps Injury

In OJCC Case No. 26-001980JEJ, Mark Zelazny sought an authorized physician to treat an alleged right-shoulder injury after a compensable January 2025 accident at Crush Supply. The employer, carrier, and servicing agent had accepted a distal biceps tear near the right elbow but disputed that the accident also injured his shoulder.

The JCC found the contemporaneous emergency-room and authorized-orthopedist records documented complaints, testing, and treatment for the elbow and distal biceps, not the shoulder. The judge rejected Zelazny's testimony that he had reported shoulder symptoms from the outset and credited the authorized orthopedist over the later IME opinion, which the judge found was not supported by objective medical evidence tying a shoulder injury to the work accident.

The JCC also rejected the argument that shoulder-related exercises in physical therapy triggered the 120-day waiver rule. The carrier had not authorized shoulder treatment and denied the claim shortly after receiving the petition. The requested shoulder appointment, attorney's fees, costs, and the petition were denied with prejudice.

Source: Final Compensation Order