Orlando Workers’ Compensation Trial Award for Medical Care

2015 – The injured worker sustained a compensable shoulder injury that led to multiple surgical procedures, including transfer to the Mayo Clinic for a reverse shoulder procedure. However, during the years of treatment since the date of accident (2010) the injured worker had noted neck and head symptoms to both his physician and physical therapist. The employer and their insurance company ignored these complaints and claimed that the injured worker never voiced any complaints. Consequently, the insurance company claimed that they were not responsible for treatment of same. Fortunately, one of the treating physicians reluctantly admitted that he had perhaps overlooked the injured worker’s complaints and, even more importantly, some of the physical therapy records evidenced these symptoms of back and head complaints over an extended period of time.

After a lengthy trial, the Judge of Compensation Claims awarded the compensability of the head and the neck injuries and ordered evaluations to be paid for by the Workers’ Comp carrier. The employer/carrier has taken an appeal of this issue.