The claimant worked as a plumber for Admiral Plumbing (Service Experts) in the case of Michael Rossiter v. Service Experts. He filed for benefits based on the claim that he had a repetitive trauma injury; a claim that must be supported by proof of prolonged exposure, aggravation of a pre-existing condition, exposure to hazards, and/or a job-related repetitive trauma.
The E/C’s defense was that this was not a repetitive trauma injury, but a toxic exposure injury (an MSSA infection), which would require more specific evidence to demand compensation according to Florida Statute 440.02(1).
In this case, the claimant’s IME testimony was trusted over that of the E/C’s IME.
Claim for compensability of knee GRANTED; Claim for TTD GRANTED; Claim for TPD GRANTED; Claim for authorization of all medical treatment compensation GRANTED; Claim for reimbursement of out-of-pocket payments GRANTED.
Source: The 440 Authority