Summary
In West Coast Elevator Co. v. Wood, 780 So.2d 321 (Fla. 1st DCA 2001), we reversed an order granting the claimant's request for an FCE because there was "no competent, substantial evidence supporting the medical necessity of an FCE.
Summary of this case from Lewis v. Dollar Rent a CarOpinion
No. 1D00-1664.
Opinion filed March 22, 2001.
An appeal from Judge of Compensation Claims. Dan F. Turnbull, Judge.
Keith A. Mann, of Mann Employers Legal Group, P.A., Sarasota, for Appellant.
Stella Diamond, Ft. Myers; and Bill McCabe, of Shepherd, McCabe Cooley, Longwood, for Appellee.
This is an appeal from a worker's compensation order granting Appellee's request for a functional capacity evaluation (FCE).
Because there was no competent, substantial evidence supporting the medical necessity for the FCE, we reverse.
Because we find that there was no evidence of medical necessity, we do not address Appellants' arguments concerning waiver and res judicata.
The only evidence submitted in this case was the deposition testimony of Appellee's most recent treating physician, Dr. Maurer. The physician testified that he did not impose any long-term restrictions upon Appellee and that he released Appellee to return to full-time duty after 45 days of light-duty work. In a prior proceeding concerning Appellee's petition for permanent total disability benefits, which included the exact same testimony, the judge of compensation claims (JCC) found that Dr. Maurer had affirmatively assigned no long-term post-operative restrictions upon Appellee following his recovery from surgery.
Accordingly, because there was no competent, substantial evidence supporting the medical necessity of an FCE and Appellee's treating physician had already informed Appellee that there were no long-term restrictions or limitations, we REVERSE.
Miner, Wolf and Davis, JJ., Concur.