The final compensation order of Joanne Vose v. Harris Corporation, a Melbourne workers’ compensation case, determined the authorization of medical treatment and attorney fees. The employer arose five defenses; that the claimant was barred by the statute of limitations, the statute of limitations was expired, their medical treatment was not medically necessary, that the accident in 2016 was not the major contributing cause (MCC), and that the attorney fees were not owed.
The employer argued that the statute of limitations was expired due to the last date of medical treatment being in 2018. The court disagreed, finding evidence of medical treatment in 2020. The statute of limitations had been revived when the claimant made a timely claim for palliative treatment. An authorized physician established the claimant at maximum medical improvement with a 2% impairment rating, entitling them to ongoing treatment.
Claim for medical authorization GRANTED
Claim for attorney fees GRANTED
Affirmative defense of the statute of limitations DENIED