Morrow v. Sam's Club, 1D08-6057.
| Decision Date | 31 July 2009 |
| Docket Number | No. 1D08-6057.,1D08-6057. |
| Citation | 17 So.3d 763 |
| Parties | David L. MORROW, Appellant, v. SAM'S CLUB and Sedgwick CMS, Appellees. |
| Court | Florida District Court of Appeals |
Bradley Guy Smith of Smith, Feddeler, Smith & Miles, P.A., Lakeland, Susan W. Fox of Fox & Loquasto, P.A., Tampa, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant.
Thomas P. Vecchio and Juliana L. Curtis of Ross Vecchio, P.A., Lakeland, for Appellees.
In this workers' compensation appeal, claimant challenges an order of the judge of compensation claims on three grounds. Because we agree the judge committed reversible error when he denied claimant's request for an orthopedic referral on the ground claimant failed to establish objective relevant medical findings to support the referral, we need not address the other issues.
Claimant suffered a workplace injury that the employer and carrier accepted as compensable. The employer and carrier authorized treatment at an occupational health clinic, where claimant was examined on several occasions, alternately by a doctor and a nurse. Unable to determine an objective basis for claimant's continued pain complaints, both health care providers recommended an orthopedic evaluation. Relying on the nurse's written statements that claimant's pain complaints were subjective, the employer and carrier refused to authorize the orthopedic referral, contending there were no objective relevant medical findings justifying the evaluation as required by section 440.09, Florida Statutes (2007). The judge agreed with that argument and denied claimant's request for the evaluation.
Section 440.09 is entitled "Coverage." Subsection (1) provides, in pertinent part:
The employer must ... furnish benefits required by this chapter if the employee suffers an accidental compensable injury ... arising out of work performed in the course and the scope of employment. The injury, its occupational cause, and any resulting manifestations or disability must be established to a reasonable degree of medical certainty, based on objective relevant medical findings. ... Pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable. For purposes of this section, "objective relevant medical findings" are those objective findings that correlate to the subjective complaints of the injured employee and are confirmed by physical examination findings or diagnostic testing.
(Emphasis added.)
In denying claimant's entitlement to an orthopedic evaluation, the...
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...be "reasonable," it must be "medically necessary," and it was Claimant's burden to prove medical necessity. See Morrow v. Sam's Club , 17 So.3d 763, 764 (Fla. 1st DCA 2009) (explaining that entitlement to all medical treatment is governed by paragraph 440.13(2)(a), "which requires a showing......
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Harman v. Gadsden Correctional Facility
...Mary E. Cruickshank of DuBois & Cruickshank, P.A., Tallahassee, for Appellees. PER CURIAM. REVERSED and REMANDED. See Morrow v. Sam's Club, 17 So.3d 763 (Fla. 1st DCA 2009). KAHN, LEWIS and WETHERELL, JJ., ...
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Harman v. Gadsden Corr. Facility
...medical findings of an injury. On appeal, this court issued an opinion stating, in its entirety: "REVERSED and REMANDED. See Morrow v. Sam's Club, 17 So. 3d 763 (Fla.lst DCA 2009)." On remand, the judge denied the evaluation, once again, this time finding that the medical referral was for a......