In Johnathan Haselden v. Waffle House and Brentwood Services the Claimant worked as a grill operator for a Waffle House. After working a 17-hour shift without much of a break he began to feel pain in his lumbar spine. The Claimant reported pain in his back to his supervisor. The supervisor offered to “pop” his back to make it feel better. Claimant stated that he then noticed an increasing pain afterwards eventually leading to tremendous pain. Claimant attempted to return to work because they were short staffed but was only able to work 1 to 2 hours. The industrial accident was not reported to the home office until August 2019. Claimant went to the emergency room three days after accident. The E/C denied the claim, raising a notice defense. The JCC accepted the Claimant’s position that the Claimant timely notified his supervisors. Despite competing IME testimonies regarding the MCC of the injury, the JCC concluded that the MCC of the injury was the industrial accident. Compensability, TPD and medical benefits GRANTED.
