imPACtofPersonALmeDiCALConDitionsonworkCLAims
Workers ’ Compensation Section Chairs : AnthonyCortese – AnthonyV . Cortese-AttorneyatLaw & Ya ’ SheakaWilliams – Eraclides , Gelman , Hall , Indek , Goodman
Hindrance to recovery is at times controversial , in that the doctrine requires an employer / carrier to provide care and treatment for a personal medical condition that is not a compensable condition , and one that is not causally related to the work injury . Judge Medina-Shore ’ s opinion in Lyneer Staffing Solutions , LLC and American Zurich Insurance Co . v . Perez-Pupo , OJCC No . 15-009794 ( 3 / 20 / 2020 ), awarding care by a primary care physician ( PCP ) to treat the injured employee ’ s personal diabetic medical condition was recently affirmed , per curiam , by the First District Court of Appeals .
thehindrancetorecovery doctrinerequiresan employer / carrierto providecareandtreatment toapersonalmedical conditionthatisnota compensablecondition .
No . 1D20-1388 , 2021 WL 3160878 ( Fla . 1st DCA , July 27 , 2021 ).
The employee , Mr . Perez-Pupo , sustained an injury to his thumb on April 20 , 2015 . As a result of the accident , he suffered a distal phalanx fracture , crush injury , and partial nail bed amputation . Over the course of his recovery , he developed Complex Regional Pain Syndrome ( CRPS ) in his left arm . He was diagnosed with neuropathic pain after the crush injury to his left hand as well . He received care and treatment to include orthopedic , pain management , and psychiatric care . During treatment , he developed diabetes , which was first documented four years after the work accident and later progressed to diabetes mellitus 2 , uncontrolled . His authorized physicians could not causally relate the injured employee ’ s diabetes condition to the work injuries . Both parties secured Independent Medical Exams ( IMEs ) and the opinions were the same , the work injuries did not cause Mr . Perez-Pupo to develop diabetes .
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