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Office Depot Not Liable as JCC Grants Motion for Summary Final Order

Jan 3, 2011 - News by

Claimant at maximum medical improvement with no permanent impairment not entitled to continued remedial medical care.

Beth Leahy and Douglas Cohen of WLSC’s Fort Lauderdale office successfully obtained a Summary Final Order in favor of the Employer/Carrier in the case of Pedro Vasquez v. Office Depot on March 18, 2011.

The Claimant sought additional remedial medical care, but was found to have reached Maximum Medical Improvement (MMI) with no permanent impairment in a prior final compensation order.

MMI occurs when an injured employee reaches a state where his or her condition cannot be improved any further or when a treatment plateau in a person’s healing process is reached.

Judge Daniel Lewis held the claim was barred by the doctrine of res judicata, which prevents the same parties from re-litigating a claim already settled by a judicial decision.

Since the Claimant had previously been found to have reached MMI with no permanent impairment, his claim for follow-up remedial medical care was denied.

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