Jorge Luis Diaz v. Advanced Disposal Services

Port St Lucie Workers Comp

Jorge Luis Diaz v. Advanced Disposal Services and Solid Waste Southeast (Gallagher Bassett Services) | Port St Lucie Workers Comp

The amended final compensation order of Jorge Luis Diaz v. Advanced Disposal Services, a Port St. Lucie workers’ compensation case, was a dispute over medical authorization and temporary partial disability (TPD) and temporary total disability (TTD) benefits.

The claimant sought authorization for a new vehicle, but the employer contested the claim as unrequired since they had already provided medical transportation. The claimant failed to prove a new vehicle was medically necessary. The claimant additionally claimed for a change in prosthetist, however, the claimant was not entitled to a one-time change of provider (OTC).

TPD payment was also requested, which the employer contested because MMI had been previously reached. This defense was overturned when MMI dates from different doctors were found to be conflicting. The JCC found the claimant to be deserving of TPD benefits.

Authorization of new vehicle DENIED
Authorization of OTC DENIED
Claim for reimbursement of overpayment, reinstatement of indemnity benefits GRANTED IN PART
Attorney fees GRANTED

The 440 Authority

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