PROFESSIONAL ADMINISTRATORS AND NATIONWIDE INS. CO., APPELLANTS,
v.
GLADYS MACIAS, APPELLEE
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Professional Administrators and Nationwide Insurance appealed a workers' compensation order awarding continuing chiropractic care to claimant Macias after she reached maximum medical improvement (MMI). The Florida appellate court affirmed, holding that palliative care for pain relief is compensable under workers' compensation law even after MMI has been attained.
Palliative treatment for pain relief that mitigates the effects of an injury is compensable under Section 440.13(1) even after MMI has been attained. The deputy commissioner properly found that the claimant's use of chiropractic care constituted classic palliative care for temporary pain relief to enable normal functioning, and the award of such care 'as long as necessary' is affirmed, construed as care required by the nature of the injury.
[1] Workers' compensation law requires the provision of medical care as the nature of the injury or the process of recovery may require.
[2] Medical care awardable under workers' compensation includes not only remedial treatment but also palliative treatment which mitigates the conditions or effects of the inj…
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Join FLexlaw to unlock all legal intelligence“Section 440.13(1) requires the provision of medical care "as the nature of the injury or the process of recovery may require." This includes not only remedial care, but also palliative treatment which mitigates the conditions or effects of the injury.”
Establishes the statutory basis for awarding both remedial and palliative care in workers' compensation cases.
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Join FLexlaw to unlock all legal intelligenceClaimant Macias settled her workers' compensation claim with a stipulated January 1982 MMI date, excluding medical benefits except as specifically awa…
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WENTWORTH, Judge.
Employer/carrier seek review of a workers’ compensation order entered by deputy commissioner Johnson by which, following a settlement excluding medical but stipulating a January 1982 MMI date, claimant was awarded continuing chiropractic care “as long as necessary.” We affirm.
Section 440.13(1) requires the provision of medical care “as the nature of the injury or the process of recovery may require _” This includes not only remedial care, but also palliative treatment which mitigates the conditions or effects of the injury. See Lopez v. Pennsuco Cement and Aggregates Inc., 401 So. 2d 875 (Fla. 1st DCA 1981). Such palliative treatment for the relief of pain is awardable after claimant has attained MMI. See Verdi’s Italian Restaurant v. Campanella, 423 So. 2d 582 (Fla. 1st DCA 1982). In the present case Dr. Ferking has suggested that his chiropractic treatment is remedial in nature. However, claimant’s own testimony establishes that she is utilizing Dr. Ferking for the temporary relief of pain so as to enable her to more normally function; such utilization is a classic example of palliative care. The deputy should be entitled to accept claimant’s testimony, and deem Dr. Ferking’s care palliative and awardable after MMI.
In the present case the deputy was also entitled to accept testimony of claimant and Dr. Ferking as to the benefit of and need for further chiropractic care. Although the deputy awarded such care “as long as necessary,” this language should be construed as an award of such care only for such period as the nature of the injury may require, in the manner and for the time provided by law. See Automatic Data Processing v. Scarberry, 412 So. 2d 927 (Fla. 1st DCA 1982); Western Liquors Corp. v. Studer, 391 So. 2d 250 (Fla. 1st DCA 1980).
Affirmed.
ZEHMER and BARFIELD, JJ., concur.
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Citator
Cited By (11 total)
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City OF Orlando & Gallagher Bassett Ins. Co. v. Blackburn, 519 So. 2d 1017 (Fla. 1st DCA 1987)…s used in section 440.19 should be interpreted to include all medical treatment or attention which is reasonably necessary to treat a compensable injury or to mitigate its effects or conditions. For example, in Professional Administrators v. Macias, 448 So. 2d 1159 (Fla. 1st DCA 1984), the court construed the phrase “remedial treatment, care and attendance” as used in section 440.13(1) in a general, as opposed to an exclusive, sense to include not only strictly curative care, but also palliative treatment whic…
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Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)…. 2d 41 (Fla.1964); City of Orlando v. Blackburn, 519 So. 2d 1017 (Fla. 1st DCA 1987); Old Cove Condo v. Curry, 511 So. 2d 666 (Fla. 1st DCA 1987); Baron Transport v. Riley, 491 So. 2d 1220 (Fla. 1st DCA 1986); Professional Administrators v. Macias, 448 So. 2d 1159 (Fla. 1st DCA 1984); Khawam v. Collision Clinics International, Inc., 413 So. 827 (Fla. 1st DCA), rev. denied, 419 So. 2d 1196 (Fla.1982); Lopez v. Pennsuco Cement & Aggregates, Inc., 401 So. 2d 875 (Fla. 1st DCA 1981). This concept thus created two…
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Ivey v. City OF Sarasota & Hewitt, 533 So. 2d 881 (Fla. 1st DCA 1988)…t. In Walker v. Allied Septic Tanks, 522 So. 2d 456 (Fla. 1st DCA 1988), this court held that under proper circumstances, a claimant has a right to medical care prior to reaching maximum medical improvement. In Professional Administrators v. Macias, 448 So. 2d 1159 (Fla. 1st DCA 1984), this court similarly held that a claimant has a right to palliative treatment following maximum medical improvement. Absent anything indicating a change of condition, the maximum medical improvement finding precludes further rem…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lopez v. Pennsuco Cement & Aggregates, Inc., 401 So. 2d 875 (Fla. 1st DCA 1981)
- W. Liquors Corp. & Md. Cas. Co. v. Studer, 391 So. 2d 250 (Fla. 1st DCA 1980)
- Automatic Data Processing & Ins. Co. of N. Am. v. Scarberry, 412 So. 2d 927 (Fla. 1st DCA 1982)
- Mack v. State, 423 So. 2d 582 (Fla. 1st DCA 1982)
- Verdi's Italian Rest. & Am. Liberty Ins. Co. v. Campanella, 423 So. 2d 582 (Fla. 1st DCA 1982)