Partners Tracey Hyde and Sean O’Conner were successful on defending an appeal regarding compensability and unauthorized treatment.

Partners Tracey Hyde and Sean O’Conner were successful on defending an appeal regarding compensability and unauthorized treatment.

Partners Tracey Hyde and Sean O’Conner were successful on defending an appeal regarding compensability and unauthorized treatment.

In this case, the Claimant sought compensability of post-concussive syndrome, including unauthorized care from two medical providers. Prior Petitions for Benefits had not claimed post-concussive treatment, but a new Petition, filed more than six months after the incident, sought such care. The Employer/Carrier set the Claimant up with a neurologist, who indicated no objective findings to support treatment, and placed the Claimant at MMI, 0% impairment, no restrictions, and no future care required. The Claimant obtained IME who testified to the contrary on those issues. The Claimant requested payment for treatment with the unauthorized medical providers. The adjuster testified that neither provider was authorized, and that no request for the treatment was made until after the treatment had already been provided. The JCC found that the care was not emergency care, and Parodi was not raised, so unauthorized care was denied. The JCC accepted the testimony of the authorized neurologist over Claimant’s IME provider, denying all merits issues. The First DCA affirmed the decision of the JCC.