In Mindy Blanco v. City of Miami Beach and Corvel Corporation Claimant petitioned for authorization of BVN ablation recommended by the authorized treating orthopedic spinal surgeon. The E/C denied authorization alleging that it only accepted compensability of a temporary exacerbation for a preexisting personal lumbar condition and the MCC of Claimant’s lumbar disc herniations are automobile accidents that occurred prior to the compensable accident. The Claimant contends that E/C failed to deny compensability within 120 days of the first provision of benefits, waived the right to contest MCC, and failed to establish a break in the chain of causation. The JCC determined that the Claimants lumbar herniations were a preexisting condition and were not persuaded by Claimant’s 120 day rule challenge. Authorization of BVN DENIED.
