JERRY W. ABBOTT, APPELLANT,
v.
PRICE PLUMBING, INC., AND F.C.C.I. CLAIMS SERVICE AND DIVISION OF WORKERS' COMPENSATION, APPELLEES
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The court reversed the workers' compensation order denying diagnostic testing for a claimant's heart condition that developed during anesthesia for knee surgery, holding that such testing was necessary to determine causation and thus compensable.
Diagnostic testing to determine the causal etiology of a heart condition that developed during anesthesia for compensable knee surgery must be awarded when cardiologists indicate further testing could help identify the precise cause.
[1] Diagnostic testing to determine causation of a medical condition arising during treatment for a compensable workers' compensation injury is compensable when medical evide…
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Join FLexlaw to unlock all legal intelligenceWhile under anesthesia during surgery for an industrial knee injury, the claimant developed an irregular heartbeat that subsided after surgery was ter…
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WENTWORTH, Judge.
Claimant seeks review of a workers’ compensation order by which a claim for diagnostic testing and medical treatment was denied. We find that the evidence establishes that the requested tests are necessary for a full understanding as to the causal etiology of claimant’s heart condition. We therefore conclude that the deputy erred in denying the claim for these tests, and we reverse the order appealed.
While under anesthesia during surgery for an industrial injury to his knee, claimant developed an irregular heartbeat. The surgery was immediately terminated, and the heart irregularity thereafter subsided. Two cardiologists subsequently examined claimant and it was suggested that the irregularity may have been precipitated by the anesthesia for claimant’s knee surgery. Both doctors indicated that further diagnostic testing could be helpful in identifying the precise causal etiology of claimant’s symptoms. Since the recommended tests are intended to better ascertain the cause of claimant’s symptoms, and such symptoms may be related to treatment for a compensable injury, claimant should have been awarded the diagnostic testing claimed. Cf., Nealy v. City of West Palm Beach, 491 So. 2d 585 (Fla. 1st DCA 1986).
The order appealed is reversed and the cause remanded.
BOOTH, C.J., and MILLS, J., concur.
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Hernando Sanchez v. Sec. Sales Co. & Zurich Ins. Co., 522 So. 2d 435 (Fla. 1st DCA 1988)…t’s symptoms, which symptoms may be related to a compensable accident, the cost of the diagnostic test is com-pensable.” Nealy v. City of West Palm Beach, 491 So. 2d 585, 586 (Fla. 1st DCA 1986). See also Abbott v. Price Plumbing Inc., and F.C.C.I., 500 So. 2d 698 (Fla. 1st DCA 1987), and cases cited within. Reversed and remanded for proceedings consistent with this opinion. BOOTH and THOMPSON, JJ., concur.…
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Carl v. Sumner, 526 So. 2d 1068 (Fla. 1st DCA 1988)…sequently developed a thyroid nodule was entitled to diagnostic evaluation by an endocrinologist to determine whether a causal relationship existed between the thyroid nodule and the compensable injury. In the case of Abbott v. Price Plumbing, Inc., 500 So. 2d 698, 699 (Fla. 1st DCA 1987), this court held that where “tests are intended to better ascertain the cause of claimant’s symptoms, and such symptoms may be related to treatment for a compensable injury, claimant should have been awarded the diagnostic t…
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Bradford A. Prince v. Prince Ins. Servs. & Lumbermans Mut. Ins., 556 So. 2d 1195 (Fla. 1st DCA 1990)…s symptoms and the compensable injury. Rather, compensability is predicated upon the purpose or reason for the test, i.e., whether the test is necessary to determine the precise causal etiology of claimant’s symptoms. Abbott v. Price Plumbing, Inc., 500 So. 2d 698 (Fla. 1st DCA 1987). See also Boykin v. American Marine Products, Inc., 395 So. 2d 1163 (Fla. 1st DCA 1981); Barris v. Toppers of Florida, Inc., 382 So. 2d 441, 442 (Fla. 1st DCA 1980). Diagnostic testing which is recommended by an authorized physic…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lanoris Nealy v. City OF W. Palm Beach & Crawford & Co., 491 So. 2d 585 (Fla. 1st DCA 1986)