JCC Dismisses Surgery and Indemnity Claims as Barred by Waiver and Res Judicata

In Hughes v. Sam's Club, OJCC Case No. 22-020069JW, Judge Jonathan E. Walker addressed petitions seeking authorization for an ACDF at C5-7, temporary disability benefits dating back to June 2024, and additional treatment theories including a throat condition and an ENT referral.

The Employer/Carrier raised multiple defenses, including that the work accident was no longer the major contributing cause (MCC), that the claimant had reached MMI, and—critically—that the surgery and indemnity benefits were ripe, due, and owing at a prior final hearing but were voluntarily dismissed after being mediated.

Applying section 440.25(4)(d) and related First DCA waiver/res judicata authority, the JCC held the earlier final hearing locked in the claim-splitting consequences for benefits that should have been pursued at that time. The order denied and dismissed with prejudice the requested surgery, temporary disability benefits, and the related medical treatment claims, and cancelled future litigation events.

Source: Final Compensation Order