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Wal Mart Stores, Inc. v. Mann

District Court of Appeal of Florida, First District
Mar 13, 1997
690 So. 2d 649 (Fla. Dist. Ct. App. 1997)

Summary

ruling the JCC erred in authorizing certain medical care absent evidence that such care was medically necessary; claimant presented no medical testimony that her condition was causally related to her industrial injury

Summary of this case from Chudnof-James v. Racetrac Petroleum

Opinion

Case No. 95-1217

Opinion filed March 13, 1997.

An appeal from order of Judge of Compensation Claims Michael J. DeMarko.

Michael S. Waranch of Hurley Rogner, P.A., Orlando, for Appellants.

Barry Silber, Pensacola, for Appellee.


In this workers' compensation appeal the employer/carrier challenged the award to claimant of additional temporary total disability benefits and penalties based on an increase in average weekly wage, reimbursement of medical mileage, authorization of Dr. Hooper and Dr. Buchalter and award of psychiatric care and treatment. We affirm the award of medical mileage on the authority of Sam's Club v. Bair, 678 So.2d 902 (Fla. 1st DCA 1996). There is competent substantial evidence to support the authorization of Dr. Hooper and Dr. Buchalter. However, we reverse the award of additional temporary total disability benefits with penalties and the award of psychiatric care and treatment.

The only evidence of average weekly wage was presented by claimant who testified to receiving health insurance benefits since December, 1993, but produced pay stubs that clearly showed these benefits commenced on April 2, 1994, two weeks prior to the injury. There being no competent substantial evidence to support the judge's determination of average weekly wage, the award of additional temporary total disability benefits and penalties is reversed and remanded for further proceedings.

The judge erred in authorizing psychiatric care absent evidence that such care is medically necessary. The claimant presented no medical testimony that her psychiatric condition was causally related to her industrial injury. The award was based on a waiver of medical necessity and causation under section 440.13(3)(d), Florida Statutes (Supp. 1994). That provision applies only to a request for referral authorization under section 440.13(3)(c), which is not present in this case. Accordingly, the award of psychiatric care and treatment is reversed.

The order is affirmed in part, reversed in part, and remanded for further proceedings.

KAHN and DAVIS, JJ., CONCUR.


Summaries of

Wal Mart Stores, Inc. v. Mann

District Court of Appeal of Florida, First District
Mar 13, 1997
690 So. 2d 649 (Fla. Dist. Ct. App. 1997)

ruling the JCC erred in authorizing certain medical care absent evidence that such care was medically necessary; claimant presented no medical testimony that her condition was causally related to her industrial injury

Summary of this case from Chudnof-James v. Racetrac Petroleum

affirming award of medical mileage on the authority of Bair

Summary of this case from Remington v. City of Ocala
Case details for

Wal Mart Stores, Inc. v. Mann

Case Details

Full title:WAL MART STORES, INC. AND CLAIMS MANAGEMENT, INC., APPELLANTS, v. JUDY…

Court:District Court of Appeal of Florida, First District

Date published: Mar 13, 1997

Citations

690 So. 2d 649 (Fla. Dist. Ct. App. 1997)

Citing Cases

Wuesthoff Memorial Hosp. v. Schmitt

The Judge of Compensation Claims (JCC) erroneously relied on section 440.13(3)(d), Florida Statutes (Supp.…

Remington v. City of Ocala

Bair, 678 So.2d at 903-04. See also Wal Mart Stores, Inc. v. Mann, 690 So.2d 649, 650 (Fla. 1st DCA 1997)…