Varkett v. Lockheed Martin/ESIS WC Claims

Derrick E. Cox

JCC Stanton (Gainesville)(8-8-19) – Denied continued medical care of the lumbar, denied compensability of the hip/SI joint and denied payment of impairment benefits. Claimant treated with Dr. Choksi for a compensable low back strain and was placed at MMI. Claimant obtained a one-time change with Dr. Trigueiro, who agreed with Dr. Choksi’s MMI date and testified that any further need for medical care was due to her pre-existing degenerative disc disease. The claimant obtained an IME, Dr. Appel who opined the claimant may have a significant SI joint condition and she should receive a diagnostic SI joint injection. The EMA, Dr. Davis reviewed prior medical records of back complaints and opined that the claimant’s compensable temporary exacerbation of a low back strain no longer required any medical treatment. He also testified that any diagnosis resulting from a diagnostic SI injection would not be related to the work accident. The JCC accepted Dr. Davis’ opinions over those of Dr. Appel. Dr. Davis reviewed Claimant’s medical records for back treatment prior to her work accident while Dr. Appel was unaware of Claimant’s pre-existing back pain and treatment. The JCC rejected Claimant’s argument that the E/C accepted compensability of the claimant’s hip or SI joint when it authorized an injection into the left hip or SI joint. There was no medical evidence the injection was for treatment for anything other than the lumbar strain.
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