Richard Colon v. Miller Pipeline (Minnesota Ltd), an Orlando workers compensation case discussed a petition for benefits that was filed and dismissed due to not be accompanied by a referral for care. The claimant did obtain a medical evaluation referral, refiling his petition, however the E/C claimed it was barred by res judicata.
Under further examination, it was found that a proper evaluation referral was not vital at the time, since the referral had not been made until after the final hearing. Additionally, the treating physician did not voice that the accident was the MCC of the claimant’s hip condition until after the final hearing. The change in medical evidence precluded res judicata, and the JCC bifurcated the issue, reserving all jurisdiction.
E/C res judicata defense DENIED