Rosalie Kelley v. The Empire Company and Travelers Insurance

In Rosalie Kelley v. The Empire Company and Travelers Insurance a prior FCO denied TPD benefits. In the instant litigation, claimant petitioned for TPD benefits for dates immediately subsequent to entry of that order. Claimant established her MMI dates as November 15, 2021, and the JCC considered the medical evidence to determine whether the physicians had placed claimant on restricted duty for the period between the prior FCO and the MMI date. He concluded that claimant sustained only three days of disability during that period when she received epidural steroid injections. Accordingly, TTD for three days was GRANTED and TPD benefits were DENIED. A claim for chiropractic care was also DENIED as the evidence established claimant had exhausted the allowed number of treatments. The JCC rejected claimant’s attempt to distinguish the referral for chiropractic evaluation from the statutory limit on chiropractic treatment.

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