In the Florida workers compensation case of Michael Emmanuel v. ADP Totalsource Co XXI, the claimant was initially compensated for an industrial injury, though the E/C later denied it. At a final hearing, the claimant was granted compensation, temporary partial disability, and a one time change of physician.
The E/C’s IME defended the E/C on the grounds that the claimant’s pre-existing condition was the major contributing cause (MCC), not the industrial injury. The E/C authorized a doctor for a one-time visit, but instructed the doctor not to inform the claimant of the MCC or whether they should continue treatment. This interfered with the claimant’s medical treatment, causing the JCC to rule in favor of the claimant.
Update appointment with doctor GRANTED; Attorney fees GRANTED