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Delong v. 3015 West Corporation

District Court of Appeal of Florida, First District
Mar 5, 1990
558 So. 2d 108 (Fla. Dist. Ct. App. 1990)

Summary

affirming JCC's finding of no medical necessity for lawn care where physician admitted that such care would not improve claimant's condition or aid in his recovery

Summary of this case from AT&T Commc'ns v. Rosso

Opinion

No. 89-1617.

March 5, 1990.

Appeal from the Judge of Compensation Claims, William D. Douglas.

Randall O. Reder, Tampa and Stephen L. Rosen of Morris Rosen, P.A., Tampa, for appellant.

Rex A. Hurley of Zimmerman, Shuffield, Kiser Sutcliffe, P.A., Orlando, for appellees.


In this workers' compensation appeal, claimant, who was rendered permanently and totally disabled as a result of a compensable back injury, subsequently sought as a benefit lawn care service, which was denied. Although claimant presented testimony from his treating physician to the effect that it was medically necessary for someone other than claimant to mow his yard, the physician admitted that avoiding yard work would not improve claimant's condition or aid his recovery. Because there is competent, substantial evidence to support the judge's finding that lawn care service is not "medically necessary" for treatment of claimant's injury, the order denying the claim is

See §§ 440.13(1)(c), 440.13(2)(a), Fla. Stat. (1983).

AFFIRMED.

WIGGINTON, J., concurs.

WENTWORTH, J., concurs with written opinion.


I agree with the majority's conclusion that the judge properly determined that lawn care service is not awardable as a medical benefit in the circumstances of this case. However, I do not agree with the apparent recited standard that such benefit may not be awarded where it "would not improve claimant's condition or aid his recovery," by treatment of his injury. Section 440.13(2)(a), Florida Statutes, authorizes the award of such medically necessary services "as the nature of the injury or the process of recovery may require. . . ." By this disjunctive phrasing the statute thus embraces services required by the nature of the injury, as well as those which would improve claimant's condition, further the process of recovery, or meet the medical need standards for treatment. But because the record in the present case establishes none of these criteria with regard to the requested law care service, the claim for this benefit was properly denied.


Summaries of

Delong v. 3015 West Corporation

District Court of Appeal of Florida, First District
Mar 5, 1990
558 So. 2d 108 (Fla. Dist. Ct. App. 1990)

affirming JCC's finding of no medical necessity for lawn care where physician admitted that such care would not improve claimant's condition or aid in his recovery

Summary of this case from AT&T Commc'ns v. Rosso

affirming denial of lawn care services where medical evidence did not establish that avoiding yard work would improve claimant's compensable back injury

Summary of this case from AT&T Commc'ns v. Rosso

affirming JCC's finding that lawn care service was not a medical necessity, despite physician's testimony that it was "medically necessary" for someone other than the claimant to mow the lawn

Summary of this case from Timothy Bowser Const. Co. v. Kowalski

In DeLong, this court approved the denial of lawn maintenance services, saying, "Although claimant presented testimony from his treating physician to the effect that it was medically necessary for someone other than claimant to mow his yard, the physician admitted that avoiding yard work would not improve claimant's condition or aid his recovery."

Summary of this case from Polk County Bd. of Com'rs v. Varnado
Case details for

Delong v. 3015 West Corporation

Case Details

Full title:HAROLD DELONG, APPELLANT, v. 3015 WEST CORPORATION, AND ROCKWOOD INSURANCE…

Court:District Court of Appeal of Florida, First District

Date published: Mar 5, 1990

Citations

558 So. 2d 108 (Fla. Dist. Ct. App. 1990)

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Polk County Bd. of Com'rs v. Varnado

Diamond R. Fertilizer v. Davis, 567 So.2d 451 (Fla. 1st DCA 1990). An award of a benefit which would not…

AT&T Commc'ns v. Rosso

We affirm the award for lawn care because competent, substantial evidence (CSE) supports the JCC's finding…