Engler v. American Friends of Hebrew Univ.
| Decision Date | 03 June 2009 |
| Docket Number | No. 1D08-4794.,1D08-4794. |
| Citation | 18 So.3d 613 |
| Parties | Francesca ENGLER, Appellant, v. AMERICAN FRIENDS OF the HEBREW UNIVERSITY and Fireman's Fund Insurance, Appellees. |
| Court | Florida District Court of Appeals |
Kenneth B. Schwartz, West Palm Beach, for Appellant.
Marissa M. Hoffman of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., West Palm Beach, for Appellees.
Claimant raises two issues: 1) the Judge of Compensation Claims (JCC) erred by finding Claimant's compensable accident was "no longer" the major contributing cause (MCC) of her condition and need for treatment; and 2) the JCC erred by denying entitlement to medical treatment for injuries she previously found compensable. For the reasons explained below, we agree and reverse.
Claimant was in a work-related motor vehicle accident which Claimant asserted caused injuries to her cervical and thoracic spine, knees, and ankles, and either caused or aggravated her migraine headaches. The employer/carrier (E/C) asserted Claimant's injuries were pre-existing. In her 2007 order, the JCC addressed Claimant's prior accidents and pre-existing conditions, but ultimately accepted the opinion of Claimant's expert that the 2004 compensable motor vehicle accident was the MCC of Claimant's injuries, and awarded medical treatment for them.
Claimant subsequently filed additional petitions for benefits seeking, inter alia, authorization of the medical care previously awarded, but suspended by the E/C. During litigation, the E/C presented Claimant's new treating doctors with records concerning her prior accidents and injuries that were not presented to either the medical experts or the JCC prior to the 2007 order. Based on these records, the doctors opined the compensable accident was not the MCC of Claimant's injuries. The JCC accepted these opinions and denied entitlement to further medical treatment for the injuries she previously found compensable, finding the compensable accident was no longer the MCC of Claimant's "condition" or need for treatment.
Relying on our decision in City of Ocoee v. Trimble, 929 So.2d 687 (Fla. 1st DCA 2006), the JCC found res judicata did not apply, because the holding in that case distinguished between the concepts of compensability and a claimant's entitlement to treatment or other benefits. While we did make this distinction in Trimble, the JCC misapplied it here.
Once compensability is established, an E/C...
To continue reading
Request your trial
-
Teco Energy, Inc. v. Williams, CASE NO. 1D17–0233
...the connection between a claimant's need for specific treatment or benefits and the industrial accident. Engler v. Am. Friends of Hebrew Univ., 18 So.3d 613, 614 (Fla. 1st DCA 2009) ; see also City of Pembroke Pines v. Ortagus, 50 So.3d 31 (Fla. 1st DCA 2010) (holding E/C must pay for treat......
-
Cespedes v. Yellow Transp., Inc.
...an injury is established, a carrier can no longer contest that the accident is the MCC of the injury. See Engler v. Am. Friends of Hebrew Univ., 18 So. 3d 613, 614 (Fla. 1st DCA 2009) ("Once compensability is established, an E/C can no longer contest that the accident is the MCC of the inju......
-
Sanchez v. YRC, Inc.
...a stipulation, the E/C cannot challenge the causal connection between the work accident and the injury. Engler v. Am. Friends of Hebrew Univ ., 18 So. 3d 613, 614 (Fla. 1st DCA 2009). The E/C may only question the causal connection between the injury and the requested benefit. 272 So. 3d 45......
-
Sanchez v. Yellow Transp.
...a stipulation, the E/C cannot challenge the causal connection between the work accident and the injury. Engler v. Am. Friends of Hebrew Univ., 18 So. 3d 613, 614 (Fla. 1st DCA 2009). The E/C may only question the causal connection between the injury and the requested benefit.272 So. 3d 458,......