In Robert Chezem v. T Square Logistic Services Corp. and Travelers Insurance the Claimant was injured when he fell backward from a tow truck striking the vehicle’s outside fuel tank before landing on the ground. The Claimant raised the affirmative defense of waiver, based on the 120-day rule. The E/C asserts that the work accident is no longer the MCC of the claimed disability and requested medical and indemnity benefits. The JCC found that even if 120 days had run on the instant claim, the E/C may still defend the claims on the basis of MCC. In review of the evidence the JCC found that the work accident was not the MCC of the Claimant’s gastroenterological conditions but was the MCC of the Claimant’s low back issues. Medical care for gastroenterological injury DENIED. Authorization of continued low back treatment GRANTED.
