U.S. FOUNDRY AND FIESCO, APPELLANTS,
v.
JEANNOT GUERRIER, APPELLEE

Fla. 1st DCA | 1999-06-30
No. 98-3727
ERVIN and WOLF, JJ., CONCUR.
736 So. 2d 135 Florida District Court of Appeal, First District (1999)

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Synopsis

In a workers' compensation appeal, the Florida First District Court of Appeal affirmed an award of indemnity benefits and attorney fees to an injured worker, but reversed the award for chiropractic treatment and related services, holding that the employer satisfied its obligation to provide medical care by offering alternative chiropractic treatment within thirteen days.


Holding

The court affirmed the awards of indemnity benefits without deeming earnings and attorney fees, finding competent, substantial evidence to support them. However, the court reversed the award for chiropractic treatment and testing, holding that the employer satisfied its obligation to provide medical care by offering alternative chiropractic treatment within thirteen days of the request.


Headnotes

[1] An award of indemnity benefits in a workers' compensation case may be affirmed if supported by competent, substantial evidence, even without deeming earnings.

[2] An employer satisfies its obligation to provide medical care by offering alternative authorized treatment within a reasonable time after a request for specific care, abse…

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Key Quotes

“The record contains competent, substantial evidence to support the award of indemnity benefits without deeming earnings. Accordingly, we affirm that award, and the award of an attorney fee. However, the record is devoid of evidence to support payment for the treatment by the chiropractor and the tests performed at his direction.”

Establishes the court's holding on which portions of the lower court's order are affirmed versus reversed

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Facts & Procedural History

The claimant requested chiropractic care on November 27, 1991. When the claimant's chiropractor called five days later requesting authorization, the e…

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Opinion of the Court
WEBSTER, J.

WEBSTER, J.

In this workers’ compensation appeal, the employer and servicing agent argue that the judge of compensation claims erred in three respects: (1) awarding indemnity benefits without deeming earnings; (2) ordering payment for treatment performed, and testing prescribed, by a chiropractor; and (3) awarding a fee for the services of the claimant’s attorney. The record contains competent, substantial evidence to support the award of indemnity benefits without deeming earnings. Accordingly, we affirm that award, and the award of an attorney fee. However, the record is devoid of evidence to support payment for the treatment by the chiropractor and the tests performed at his direction. Accordingly, we reverse that portion of the order, which we briefly address.

There is no evidence in the record from which one might conclude that the employer received a request for chiropractic care before November 27, 1991. Five days later, when the claimant’s chiropractor called requesting authorization, the employer refused to authorize him, telling the chiropractor that it would offer an alternative. On December 10, 1991, the claimant’s attorney was given the name of another chiropractor, who had been authorized. The claimant neither objected to the chiropractor offered, nor sought a ruling from the judge of compensation claims; and there was no emergency. The offer of alternative chiropractic treatment thirteen days after such care was requested was sufficient to satisfy the employer’s obligation. See, e.g., Borges v. Osceola Farms Co., 651 So. 2d 173 (Fla. 1st DCA 1995) (a 17-day delay in authorizing chiropractic care did not constitute a failure by the employer to meet its obligation to provide medical care). The decision of the judge of compensation claims to the contrary, being unsupported by competent, substantial evidence, is reversed. In all other r'espects, we affirm.

AFFIRMED IN PART and REVERSED IN PART.

ERVIN and WOLF, JJ., CONCUR.


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