BARON TRANSPORT AND CLAIMS CENTER, APPELLANTS,
v.
TEDDY P. RILEY, APPELLEE
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Florida appellate court affirmed workers' compensation award for palliative care after maximum medical improvement, clarifying that authorized physician treatment was limited to pain relief rather than further remedial care.
A workers' compensation claimant who has reached maximum medical improvement may receive palliative care for pain relief from an authorized physician.
[1] Palliative care for pain relief is awardable in workers' compensation cases after a claimant has attained maximum medical improvement from orthopedic injuries.
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Court explaining the legal standard for post-maximum medical improvement care in workers' compensation cases.
Appellee suffered orthopedic injuries in an on-the-job accident and reached maximum medical improvement by January 29, 1985, but remained in need of p…
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WIGGINTON, Judge.
Appellants, employer/carrier, appeal the deputy commissioner’s order awarding certain workers’ compensation benefits to appellee. We find that the record supports the deputy commissioner’s conclusions in all respects and therefore we affirm. However, we believe that paragraph one of the decretal portion of the order needs clarification.
Paragraph one of the order provides: That Dr. Harry Jones is authorized to evaluate and treat, if necessary, the claimant for physical problems related to his on-the-job accident.
The parties have stipulated that appellee had reached maximum medical improvement from his orthopedic injuries by January 29, 1985. The record also shows, and other portions of the order relate to the fact that appellee remains in need of certain palliative care for the relief of pain due to his orthopedic injuries. Palliative treatment for the relief of pain is awardable after a claimant has attained maximum medical improvement. Professional Administrators v. Macias, 448 So. 2d 1159 (Fla. 1st DCA 1984). Since the deputy commissioner’s order in regard to authorization of Dr. Jones is unclear as to the type of treatment awarded, we feel the need to clarify that portion of the order, especially since the record does not support a need for further remedial care at this time. We thereby interpret paragraph one as authorizing only palliative treatment by Dr. Jones.
AFFIRMED.
SMITH and JOANOS, JJ., concur.
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The OLD Cove Condo & W. Am. Ins. Co. v. Curry, 511 So. 2d 666 (Fla. 1st DCA 1987)…rly obviates the need for any remedial treatment, the testimony of the treating physician establishes the need for palliative treatment for the relief of pain, which treatment is awardable after a claimant has attained MMI. Baron Transport v. Riley, 491 So. 2d 1220 (Fla. 1st DCA 1986). We therefore affirm the award of medical care, but interpret it as an award of palliative care only. The E/C also challenge the award of wage loss after 12 August 1986, contending that Curry voluntarily limited his income by st…
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Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)…v. Weaver, 226 So. 2d 801 (Fla.1969); Mobley v. Jack & Son Plumbing, 170 So. 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 & Aggrega…
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Marriott & Marriott Cas. Claims v. Condo, 632 So. 2d 200 (Fla. 1st DCA 1994)…from the exacerbation. See Reynolds v. Neisner Brothers, Inc., 436 So. 2d 1070, 1073 (Fla. 1st DCA 1983) (without a showing of any residual from the accident in question, an award for future medical treatment was improper); Baron Transport v. Riley, 491 So. 2d 1220 (Fla. 1st DCA 1986) (palliative treatment for the relief of pain is awardable after a claimant has attained maximum medical improvement); Old Cove Condo v. Curry, 511 So. 2d 666, 668 (Fla. 1st DCA 1987) (same). The chiropractor did not determine whe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Prof'l Administrators & Nationwide Ins. Co. v. MacIas, 448 So. 2d 1159 (Fla. 1st DCA 1984)