WASHINGTON CORRECTIONAL INSTITUTION, AND YORK STB, APPELLANTS,
v.
JOAN E. GROSS, APPELLEE
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The Florida First District Court of Appeal reviewed a workers' compensation judge's award of medical benefits to an injured worker, holding that a heating pad and oxygen supplementation were not supported by competent, substantial evidence as medically necessary treatments and reversing that portion of the award while affirming the remainder.
The court held that competent, substantial evidence did not support the JCC's determination that a heating pad and oxygen supplementation were medically necessary. Accordingly, the court reversed the order to the extent it directed reimbursement for the heating pad, nasal cannula, and oxygen rental while affirming the order in all other respects.
[1] A workers' compensation judge should only award medical benefits that are determined to be medically necessary.
[2] The standard of review for the medical necessity of awarded benefits in a workers' compensation case is whether competent, substantial evidence supports the judge's rulin…
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Join FLexlaw to unlock all legal intelligence“The JCC should only award those medical benefits which are determined to be a medical necessity.”
Establishes the governing standard for awarding workers' compensation medical benefits
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Join FLexlaw to unlock all legal intelligenceJoan Gross, the claimant/worker, was awarded various medical benefits by the JCC (judges of compensation claims). The appellants, her employer and its…
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PER CURIAM.
Appellants, Washington Correctional Institution and York STB (employer/carrier and servicing agent), appeal an order of the JCC awarding Claimant, Joan Gross, a number of medical benefits. Appellants raise a number of issues on appeal, however, we find only one has merit. Because we conclude the JCC’s finding that the heating pad and oxygen supplementation were medically necessary to treat the appellant’s condition is not supported by competent, substantial evidence, we reverse the order to the extent it awards those benefits. We otherwise affirm the order. “The JCC should only award those medical benefits which are determined to be a medical necessity.” Polk County Bd. of Comm’rs v. Varnado, 576 So. 2d 833 (Fla. 1st DCA 1991).
The standard of review in a workers’ compensation case as to the medical necessity of awarded benefits is whether competent, substantial evidence supports the JCC’s ruling. See CEM Enters., Inc. v. Thompson, 859 So. 2d 1247 (Fla. 1st DCA 2003).
In the instant case there was no'testimony in the record indicating that the heating pad was medically necessary to treat Claimant’s conditions.
Additionally, the Claimant’s treating physician testified that oxygen supplementation would not be helpful or effective in treating her conditions.
Thus, competent, substantial evidence does not exist to support the JCC’s finding that the heating pad and oxygen supplementation were medically necessary to treat Claimant’s conditions.
Accordingly, we reverse the order to the extent it directs Appellants to reimburse Claimant for the heating pad, nasal cannula and oxygen rental. In all other respects the order is affirmed.
AFFIRMED IN PART AND REVERSED IN PART.
BROWNING, C.J., BENTON and LEWIS, JJ., concur.
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Citator
Authorities Cited
- Polk Cnty. Bd. OF Comm'rs & Home Ins. Co. v. Emmett F. Varnado, 576 So. 2d 833 (Fla. 1st DCA 1991)
- CEM Enters., Inc. v. Thompson, 859 So. 2d 1247 (Fla. 1st DCA 2003)