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A Workers’ Compensation Judge’s decision that found surgery unrelated to the work injury and said no further treatment was necessary for the injury did not bar a subsequent penalty petition for non-payment of medical expenses related to the injury.

The claimant sustained a work injury in 1988, which the employer acknowledged via a Notice of Compensation Payable (NCP). What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi

No competent or substantial evidence to support that employer/carrier only accepted the aggravation; therefore, they waived the ability to deny compensability. As such, the apportionment defense also fails, and full permanent impairment benefits were owed

The claimant appealed the Judge of Compensation Claims’ order, which apportioned impairment benefits and future medical treatment. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi