Guillermo Medrano v. Sky Chefs, Inc. and Liberty Mutual Insurance Company

Jerry Hayden and Tony Caula (Miami, FL) (Workers’ Compensation) Guillermo Medrano v. Sky Chefs, Inc. and Liberty Mutual Insurance Company. The issues addressed at Final Hearing included a claim for authorization of a follow-up appointment with the authorized treating provider, along with payment of temporary indemnity benefits. On 8/12/15, the Claimant filed a Petition for Benefits asserting the incorrect date of accident, which sought compensability of a right foot cellulitis/bone infection and payment of approximately $80,000.00 in associated medical bills. In response the E/C asserted that the Claimant listed the incorrect date of accident and that the compensable injury was limited to a right foot contusion as the cellulitis was the result of the Claimant’s uncontrolled diabetes. The Claimant worked the above issues up for trial on two separate occasions, ultimately taking voluntary dismissal prior to each respective Final Hearing. On 3/28/17, the Claimant filed a new separate action, this time asserting the correct date of accident. The Claimant filed multiple Petition for Benefits in this new action seeking medical treatment and indemnity benefits related to a right foot cellulitis/bone infection. In response to the most recent Petition for Benefits, the E/C denied all requests for benefits on grounds that the industrial accident is not or is no longer the major contributing cause of all medical and indemnity benefits requested. Less than thirty days prior to trial, the Claimant’s counsel was given leave to withdraw as counsel due to “irreconcilable differences.” The parties proceeded to Final Hearing, with the Claimant appearing pro se. At Final Hearing, the E/C presented medical records from the authorized treating primary care provider and from its IME expert establishing that the industrial accident resulted in a right foot contusion which had resolved and also establishing that the industrial accident was not the major contributing cause of the right foot cellulitis/bone infection. The Claimant did not present any medical evidence. The Court found that the medical evidence establishes that the Claimant reached MMI for his work-related injury with a 0% impairment and full duty work release and that the industrial accident is not the major contributing cause of the need for any further medical treatment. The Court also found that the Claimant failed to carry his burden of establishing any work restrictions in support of his claims for temporary indemnity benefits. The Court denied all benefits requested.