JCC Denies Neck Surgery After Doctor Reverses MCC Opinion

Jennifer Hughes suffered a workplace injury at Sam's Club on July 27, 2022, and initially sought authorization for an Anterior Cervical Discectomy and Fusion (ACDF) surgery at C5-7 as recommended by her authorized treating physician, Dr. Aaron Creek. She also claimed entitlement to temporary disability benefits from June 13, 2024, forward, treatment for a throat condition, and authorization for an ENT evaluation. The employer/carrier defended on grounds that the work accident was no longer the major contributing cause of her need for treatment.

Judge Jonathan Walker denied all claims after both authorized physicians—Dr. Creek and Dr. Lurate—testified that the workplace accident was not the major contributing cause of the need for surgery or ongoing treatment. Dr. Creek reversed his earlier recommendation for surgery, concurring with Dr. Lurate that Hughes reached maximum medical improvement with 0% impairment on March 2, 2023. The JCC found no objective medical evidence supporting the work-relatedness of the throat condition or need for an ENT, and ruled that claims for temporary disability benefits failed because no evidence established off-work status or restrictions after June 12, 2024.

This case demonstrates the critical importance of the major contributing cause standard in Florida workers' compensation and shows how an authorized physician's change of opinion can be fatal to a claim. Even when a treating physician initially recommends surgery, if that doctor later testifies the work accident is not the MCC of the need for treatment, the claim will likely fail. Claimants should ensure they have consistent medical opinions supporting compensability before proceeding to final hearing, as changed testimony from authorized physicians carries substantial weight with judges of compensation claims.

Source: Compensation Order