In Quarnetta R. Quaintance v. First Student Transportation and Gallagher Bassett Services, Inc. the Claimant presented a DWC-25 report as evidence that stated that Claimant “needs shoulder arthroscopy, however the need for this is the pre-existing condition”. The E/C challenges the authorization because the need is from a pre-existing condition not the workplace accident. Claimant raises the defense of the 120-day rule and states that the E/C had provided treatment for the pre-existing condition. The JCC found that the E/C has waived the right to contest the compensability of surgery. Authorization of surgery GRANTED.