MacGill v. PsychSolutions Corp / Comp Options / Amtrust North America of Florida

Andrew R. Borah

JCC Massey (Tampa)(5-9-2018) – Denied compensability; denied claim for authorization of a primary care physician. Claimant alleged a repetitive trauma shoulder injury, allegedly due to excessive driving and carrying a bag of supplies, which included a laptop computer, books, toys, etc. The JCC accepted the opinion of E/C’s IME, Dr. Jerry Sher, over claimant’s IME, Dr. Michael Langone, in denying compensability of the accident as Dr. Langone primarily relied on the history of the claimant, which the JCC found to be less than accurate, and Dr. Langone had very few of the claimant’s medical records. Although claimant satisfied the prolonged exposure element of the Festa test, he did not find she met her burden to show the cumulative effect of the trauma was injury, either under the second, or alternative prongs.
View JCC Merits Order