Sacred Heart Hosp. v. Grafton
| Decision Date | 19 June 1984 |
| Docket Number | No. AW-489,AW-489 |
| Citation | 451 So.2d 1018 |
| Parties | SACRED HEART HOSPITAL and United States Fidelity and Guaranty Company, Appellants, v. Jo Anne GRAFTON, Appellee. |
| Court | Florida District Court of Appeals |
Larry Hill of Sherrill, Moore, Hill & Westmoreland, Pensacola, for appellants.
James F. McKenzie, Pensacola, for appellee.
We are asked to reverse an award entered by the deputy commissioner in the hearing below, awarding claimant reimbursement of funds she expended for construction of a lap pool at her home to enable her to engage in swimming exercise. We affirm.
Claimant suffers from recurring phlebitis and also has had a pulmonary embolus, a life-threatening condition, which occurred shortly after an injury to her left foot at work in April 1979. Treatment for claimant's phlebitis involves anti-coagulant medication. In the course of her employment on November 12, 1979, claimant slipped and fell on her left knee, with her foot underneath her, injuring her hip, knee, and ankle. As a result of this accident, claimant suffered an ankle injury diagnosed as reflex dystrophy. Claimant testified that her ankle and knee were swollen, her hip was tender, and it hurt her to stand, sit, and lie down. Treatment for claimant's leg injury consisted of anti-inflammatory medication and exercise. However, since the anti-inflammatory medication presents a danger of bleeding, claimant is unable to take this medication for her leg injury. Therefore, the sole treatment for claimant's leg injury is exercise. Claimant testified that she had unsuccessfully tried other exercises such as walking and bicycle riding. Walking presented a dangerous situation to claimant since it enhanced her chances of pulmonary embolus and bicycle riding was too painful. Claimant needed to exercise because prolonged periods of immobilization caused by pain would contribute to the development of phlebitis. She testified that she had been swimming since 1982 and that it was the only exercise that relieved her pain. She had been using pools, belonging to friends, which she stated are no longer available to her.
The sole, uncontroverted medical testimony presented at the hearing below was that of claimant's treating physician, Dr. Lorraine Flatt. Dr. Flatt's testimony was that claimant is in significant, genuine pain. Dr. Flatt recommended swimming as treatment for claimant's leg injury, not only to relieve her pain, but to prevent a recurrence of phlebitis and possible pulmonary embolus. Dr. Flatt testified that without swimming, claimant would have to perform weight-bearing exercises which would make her ankle injury worse. The closest pool to claimant's home is 56 miles away. Dr. Flatt stated that long distance driving would enhance the possibility of recurring phlebitis. Therefore, it was Dr. Flatt's conclusion that a swimming pool at claimant's home was medically necessary for treatment of claimant's leg injury.
Claimant first requested the E/C to furnish a pool, and when this was denied she...
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