Beasley v. M & E Pieco, 95-1449

• Decision Date: 30 August 1996
• Docket Number: No. 95-1449,95-1449
• Citation: 678 So.2d 519
• Parties: 21 Fla. L. Weekly D1961 Donnie L. BEASLEY, Appellant, v. M & E PIECO and Cigna Insurance Company, Appellees.
• Court: Florida District Court of Appeals

Page 519

678 So.2d 519

21 Fla. L. Weekly D1961

Donnie L. BEASLEY, Appellant, v. M & E PIECO and Cigna Insurance Company, Appellees.

No. 95-1449.

District Court of Appeal of Florida,

First District.

Aug. 30, 1996.

Jay M. Levy of Jay M. Levy, P.A., Miami, for Appellant.

Edward W. Levine of Arrick & Levine, P.A., Miami, for Appellees.

PER CURIAM.

The judge of compensation claims (JCC) correctly dismissed claimant's petition for benefits to the extent it sought payment of Dr. Abeckjerr's bills for services rendered on three separate days in May and June 1993. After the employer/carrier (E/C) determined that the doctor was overutilizing chiropractic services, it submitted the matter to the Division of Workers' Compensation for utilization review. Consequently, the JCC had no jurisdiction over that claim. See Furtick v. William Shults Contractor, 664 So.2d 288 (Fla. 1st DCA 1995) (affirming order dismissing claim for payment of past medical bills, because matter was subject to utilization review), review denied, 673 So.2d 29 (Fla.1996), petition for cert. filed, 65 U.S.L.W. 3034 (U.S. July 8, 1996) (No. 96-42); Terners of Miami Corp. v. Freshwater, 599 So.2d 674 (Fla. 1st DCA 1992) (en banc) (reversing order which resolved dispute between doctor and E/C concerning amount of payment for services, because JCC lacked jurisdiction); Carswell v. Broderick Constr., 583 So.2d 803 (Fla. 1st DCA 1991) (affirming order dismissing request for payment of balance of medical bills, because JCC lacked jurisdiction); Lamounette v. Akins, 547 So.2d 1001 (Fla. 1st DCA 1989) (granting writ of prohibition to prohibit JCC from determining dispute between chiropractors and E/C over payment, because JCC lacked jurisdiction to resolve dispute).

Nevertheless, it was apparent at the hearing that claimant was also seeking medical treatment in the form of chiropractic care. The issue of medical care was one over which the JCC had jurisdiction. See Williams v. Triple J Enters., 650 So.2d 1114 (Fla. 1st DCA 1995) (reversing order denying reimbursement for prescriptions based on JCC's belief that he lacked jurisdiction, because question of whether prescription was necessary was one for which JCC had jurisdiction); Wolk v. Jaylen Homes, Inc., 593 So.2d 1058 (Fla. 1st DCA 1992) (reversing dismissal of claim for chiropractic treatment entered based on lack of jurisdiction, because authorization of treatment was the real issue, not gouging).

The JCC did, in fact, pursue the medical...