| JCC Stanton (Orlando) (Greg White) (11-20-24) –Denied compensability of the claimed 10/14/2022 accident. The claimant alleged an accident on 10/10/2022 lifting a power pack causing back pain, but not severe, that continued up to a second accident on 10/14/2022 using a wrench to tighten a fitting, causing severe back pain. The employer sent him to Centra Care on 11/11/2022. Their records noted only a 10/6/2022 accident lifting a power pack. The E/C denied both accidents for discrepancies in the dates and descriptions. Because the 10/10/2022 accident was denied and never found to be compensable and the claimant argued the second 10/14/2022 accident was the MCC, the JCC concluded an MCC analysis was appropriate. The JCC found the only medical opinion on MCC was Dr. Broom’s (E/C’s IME) testimony that MCC was the 10/10/2022 accident and the second accident was an exacerbation of his first. The JCC found the claimant’s IME, Dr. Highsmith, did not address MCC and it was unclear during his testimony what date of accident he was discussing as he recorded a 10/14/2022 accident moving a power pack and flare-up injury using a wrench, which date was unknown. The JCC rejected the claimant’s 120-day waiver defense, finding the E/C denied the entire claim by 12/12/2022 in the Response to the PFB. The JCC concluded the pay-and-investigate provision was not applicable because Centra Care never provided care for the 10/14/2022 wrench injury. Click here to view Order |