Mikel Watson v. Randstad North America Inc and ESIS WC Claims

In Mikel Watson v. Rantad North America Inc and ESIS WC Claims the accident and shoulder injury were accepted as compensable but the alleged neck injury was not. Claimant sought compensability and authorization of a pain management specialist. The E/C had listed “neck” in the pretrial stipulation as compensable, the JCC refused to accept claimant’s assertion that that constituted a waiver of defenses. Since the E/C MCC defense had been timely asserted, the JCC proceeded to consider the merits of the same. Claimant also argued in favor of the 120-day rule. Upon the evidence presented, the JCC determined that the E/C had never provided any benefits related to the neck injury and thus the 120 day rule did not apply. Furthermore, the JCC accepted the medical evidence pertaining to MCC which was favorable to the E/C. Accordingly, the claims for cervical treatment and a pain management specialist were DENIED.

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