In Ellen K. Strong v. Polk county School Board and Johns Eastern Company, Inc. a final compensation order was entered in favor of claimant for a thoracic spinal cord injury. In this instant matter, claimant sought various medical benefits, including an electric scooter and transport system, water therapy, and a home assessment. The medical evidence supporting these requests was not disputed. Rather, the E/C argued the claims were barred by res judicata. The JCC observed this defense was not raised notwithstanding that the medical recommendation at issue had not been made prior to the earlier hearing. Accordingly, the JCC denied this defense. Claimant also sought compensability for neck and back conditions under a hindrance to recovery theory which the E/C similarly asserted a res judicata defense. The JCC noted there was no evidence challenging the medical opinion offered by claimant. Because the E/C had failed to provide thoracic treatment before the prior hearing, the JCC accepted the claimant’s hindrance theory based on “newly discovered evidence’. Electric scooter and transport system, water therapy, home assessment and compensability of neck and back treatment GRANTED.
