Cases

JCC entered order determining that claimant was not entitled to further medical care for cervical and shoulder problems and that the accident was only a temporary aggravation of a pre-existing condition.  Thereafter, an additional petition was filed requesting right shoulder treatment.  The employer/carrier filed a Motion for Summary Final Order asserting that the previous order entered by the JCC was Res Judicata prohibiting a relitigation of the issue concerning treatment of the claimant's right shoulder.  The claimant filed a response attaching a medical report from the treating physician noting the need for treatment to the shoulder.  Thereafter, the JCC entered an order granting the Motion for Summary Final Order.  The appeal of this case concerned the granting of the Motion for Summary Final Order.

Review considered de novo.  Rule 62.-6.120 provides for the filing of a Motion for Summary Final Order and directs the opposing counsel to file a response to the motion within thirty days together with supporting depositions, affidavits, and other documents.  The JCC then enters an order and if there are no genuine issues of material fact, the moving party is entitled as a matter of law to the entry of a final order if dispositive of the issues in the case.  Issues that would be dispositive include whether the claimant is barred by Res Judicata, which was the issue in this case.

The response in this instance by the claimant to the motion was only that the authorized treating physician had written a prescription for treatment to the claimant's shoulder.  Court determined that the response to the motion by the claimant failed to demonstrate any material fact issue precluding application of the doctrine of Res Judicata based upon the previous order entered.  The claimant argued that the treatment was for diagnostic purposes but the affidavit attached to the response to the motion did not demonstrate the existence of any new facts inconsistent with the JCC's prior order denying treatment.