In the Florida workers compensation case of William Algarin v. Bluelinx Corporation, the claimant fell and injured his arms, hands, and face. He received continuous authorized medical care, later claiming to develop neck and shoulder pain about eight weeks after the incident. The doctor who diagnosed the neck and shoulder pain to be related to the accident was an IME. The E/C contested the IME diagnosis on the basis that the claimant’s story was inconsistent.
The E/C claimed that the height of the fall was exaggerated to the IME doctor, but the IME doctor assured the JCC that the height of the fall was not the cause; it was the mechanics of the claimant’s fall. The E/C also argued that neck and shoulder pain was not recorded at the initial appointment following the accident. The claimant testified that the major injuries were the only ones listed during his visit, as the other injuries were secondary.
The neck and shoulder pain was ultimately decided compensable, citing the case of Chance v. Polk County School Board and Grainger v. Indian River Transport.
Claim for compensation, occipital nerve blocks and MRI authorization GRANTED; Authorization of PCP DENIED; TTD GRANTED; TPD DENIED; Penalties and interest GRANTED; Attorney fees GRANTED
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