Congratulations to Steve Coonrod for successfully defending an MCC issue!
Congratulations to Steve Coonrod for successfully defending an MCC issue!
The claimant was a truck driver involved in a motor vehicle accident-causing multiple injuries to his shoulder and back. He also complained of left leg pain, but x-rays taken at the time of the accident revealed only pre-existing end stage arthritis of the knee. The treating orthopedist stated the claimant suffered an exacerbation of a pre-existing condition and stated the need for a knee replacement was related to the pre-existing condition so care for the knee was denied.
The claimant’s attorney met with the treating orthopedist and told him that the major contributing cause analysis does not apply if a patient had no symptoms or limitations before the accident, so the orthopedist changed his opinion and recommended the knee replacement be provided through workers compensation. Relying on the employer/carriers IME physician and Cobb v. TECO Energy Inc., the JCC denied the requested medical care noting there was no objective evidence of a permanent injury to the left knee and the major contributing cause of the recommended knee replacement was the pre-existing condition. The lack of prior symptoms does not disqualify the use of a MCC analysis when there is a pre-existing condition.
#LegalSuccess #WorkersCompensation #LitigationStrategy #EmployerDefense
Share This