Case Law Update August 2020
DCA Cases
Thompson v. Escambia County School Board/Escambia County School, (Fla. 1st DCA 8/17/20)
Mature Claims/Admissible Medical Evidence
The claimant appealed the JCC’s denial of surgery, TTD and TPD. The DCA affirmed the denials of indemnity, but reversed and remanded the denial of surgery. Claimant’s authorized orthopedist asserted the claimant’s knee condition did not warrant surgery, and that pre-existing conditions rather than the work accident were the MCC of any objective findings. The claimant’s IME, Dr. Dewey testified the claimant needed surgery and that her accident caused or aggravated any underlying conditions. The JCC denied the claimed surgery as premature as no authorized doctor had recommended surgery. The DCA found this was error, as the E/C waived objections as to specificity and ripeness, and because the IME’s opinions were admissible. Click here to view Opinion Underlying order Click here to view Order
Guerlande v. Delray Beach Fairfield Inn/Travelers, (Fla.1st DCA 8/19/20)
Temporary Benefits/Requisite Evidence
The DCA affirmed the JCC’s denial of a 12-day period of requested benefits. The claimant’s initial doctor assigned work restrictions which lasted several weeks. When she returned weeks later, an injection was offered but refused, and no work restrictions were assigned. Twelve days later she returned, the doctor administered the injection, and again assigned restrictions. In denying the 12-day period, the JCC analyzed the medical evidence and found the claimant did not sustain her burden to show restrictions during that period, or if not, that such restrictions would be medically justified. One physician stated that full duty in this period would have caused “no harm” and the second physician opined full duty would have been appropriate. The DCA approved the JCC’s rejection of her arguments that (a) her pain precluded her from working and (b) prior case law (which relied on an older version of the statute that did not require objective medical findings) required awarding the 12 days. Click here to view Opinion
Please note that the DCA Opinions and Merit Orders contained in this newsletter are non-final until 30 days after their rendition. Until that time, they are subject to amendment, vacation, or other action which may remove or alter some or all of the decision. Please contact any HRMCW attorney if you have a question as to the finality and applicability of an Opinion or Order. We endeavor to include any amendments or alterations to Opinions or Orders that may occur at a later date