Mindy Blanco v. City of Miami Beach and Corvel Corporation

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.

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