In Felicita Gil v. Penguin Hotel Management, LLC dba the Penguin Hotel and Associated Industries Insurance Company, Amtrust North America of Florida Claimant petitioned for a follow-up visit with the authorized physician. However, the doctor indicated the need for continuing treatment was claimant’s preexisting degenerative disc disease. Claimant argued the 120-day rule precluded the E/C MCC defense, but the JCC determined the doctor had never diagnosed or provided treatment for the preexisting condition. Finding the evidence established claimant’s industrial injury had completely healed, the request for a return appointment was DENIED.
