Delphine Renee Manley v. Bowling Green Inn of Pensacola d/b/a Acadia Healthcare and ESIS WC Claims

In Delphine Renee Manley v. Bowling Green Inn of Pensacola d/b/a Acadia Healthcare and ESIS WC Claims the Claimant suffered from an injury at work when she tripped over a concrete parking block and on a later date Claimant suffered a left-sided strain from a fall at work. An S1 fusion surgery was recommended. The Claimant seeks TPD benefits and fusion surgery. E/C accepted the injury as compensable. Once the E/C accepts an injury as compensable, the initial connection of the accident is no longer disputed. The E/C then contended that the Claimant refused employment. Claimant argued that the position offered required her to drive but the evidence showed that the Claimant had no restrictions of driving. E/C argued that the Claimant’s refusal to work was personal in nature and not justified. As for the fusion surgery, the evidence shows the surgery is medically necessary. The JCC DENIED TPD benefits and GRANTED authorization of a fusion surgery.

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