GULF LIFE INSURANCE COMPANY AND CRAWFORD & COMPANY, APPELLANTS,
v.
JOSEPH GENNELL, APPELLEE
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The court affirmed an award of wage loss benefits and a psychological evaluation but reversed the provision for treatment by the evaluating psychologist, holding that treatment authorization was premature absent a determination that any psychological condition was causally related to the industrial accident.
A workers' compensation judge may order a psychological evaluation based on a treating physician's recommendation, but cannot authorize treatment by the evaluating psychologist without first establishing that any psychological condition is causally related to the industrial accident.
[1] In workers' compensation proceedings, a judge may order a psychological evaluation by a designated psychologist based on a treating physician's recommendation, but may no…
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Join FLexlaw to unlock all legal intelligenceAn employee sought workers' compensation benefits including wage loss and psychological evaluation. The treating physician, Dr. James Shea, testified …
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PER CURIAM.
On appeal by the employer and carrier (E/C), we affirm1 the order of the Judge of Compensation Claims (JCC) awarding wage loss benefits and a psychological evaluation of claimant by Dr. Curry Prichard, and reserving jurisdiction for an award of attorney’s fees. However, we reverse that portion of the order providing for “treatment if necessary” by Dr. Prichard. While it was proper for the JCC to order a psychological evaluation by Dr. Prichard based upon the testimony, opinions and recommendations of claimant’s treating physician, Dr. James Shea, it was premature for the JCC to also order “treatment if necessary” at the expense of the E/C, since it has not yet been determined that any psychological condition warranting treatment is causally related to the industrial accident. See Pruett-Sharpe Construction v. Hayden, 654 So. 2d 241 (Fla. 1st DCA 1995); Ackley v. General Parcel Service, 646 So. 2d 242 (Fla. 1st DCA 1994). Accordingly, we strike the words “treatment if necessary” from the final order and affirm the order as thus amended without need for further action by the JCC.
The order on appeal is AFFIRMED as amended herein.
ALLEN and DAVIS, JJ., and SMITH, Senior Judge, concur. . The opinion filed in this matter on 11 December 1995 has been withdrawn, and is replaced by this opinion, which corrects a previous scrivener’s error.
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Suntree United Methodist Church & Protegrity Servs. v. Breta Cowell, 793 So. 2d 1063 (Fla. 1st DCA 2001)…ompensation case, we construe the “treatment” authorized in the order entered by the judge of compensation claims as intended to be limited to treatment necessarily related to the diagnostic evaluations authorized. See Gulf Life Ins. Co. v. Gennell, 666 So. 2d 1017, 1018 (Fla. 1st DCA 1996) (treatment may not be authorized for a condition before it is determined that the condition is causally related to the industrial accident). As so construed, the order authorizing diagnostic evaluations is affirmed. Because…
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Orlando Reg'l Healthcare Sys. & United Self Insured Servs. v. Tiznado, 787 So. 2d 977 (Fla. 1st DCA 2001)…PER CURIAM. In this workers’ compensation case, we strike, as premature, those portions of the order of the Judge of Compensation Claims providing for treatment if deemed reasonable and medically necessary. See Gulf Life Ins. Co. v. Gennell, 666 So. 2d 1017, 1018 (Fla. 1st DCA 1996). We affirm the remaining issues on appeal. Ac [*978] cordingly, the order on appeal is AFFIRMED as amended herein. ERVIN, KAHN, and POLSTON, JJ., concur.…
Authorities Cited
- Ackley v. Gen. Parcel Serv. & Am. States Ins., 646 So. 2d 242 (Fla. 1st DCA 1994)
- Pruett-Sharpe Constr. & Cont'l Loss Adjusting Servs., Inc. v. Hayden, 654 So. 2d 241 (Fla. 1st DCA 1995)