Gertrudis Santaella v. Sky Chefs, Inc. and Liberty Mutual Insurance Corporation

Jerry Hayden (Miami, FL) (Workers’ Compensation) The issue addressed at Final Hearing included the Claimant’s request for compensability of a right ankle fracture and authorization of a primary care provider for this condition. The Claimant contended that her compensable back injury resulted in her legs giving way on February 17, 2018, causing her to fall and fracture her right ankle. At Final Hearing, the Employer presented medical records from Coral Gables Hospital on February 17, 2018 which reflected that the Claimant reported twisting her ankle and falling. The E/C also presented medical records from the authorized spine surgeon reflecting that three days after the ankle fracture the Claimant failed to report that her legs gave way. The JCC found that while the authorized orthopedist did present testimony that the Claimant’s complaints of her legs giving way was consistent with her electro-diagnostic studies completed several months after the fall, there was no medical documentation of any history of her legs giving way at or near the time of her February fall. The JCC found that the Claimant was a poor historian, and rejected her testimony that she reported her legs gave way to Coral Gables Hospital and her authorized spine surgeon, as this was inconsistent with the contemporaneous medical records. The JCC also found that the authorized orthopedic physician did not opine that the back injury was the major contributing cause of the February fall. Therefore, the JCC found that the Claimant failed to meet her burden of proving a causal connection between the compensable back condition and the ankle injury. The JCC denied all claims related to the right ankle and the claim for attorney’s fees and costs.