ALBERIQUE THOMAS, APPELLANT,
v.
YODER BROTHERS, INC. AND FLORISTS' MUTUAL INSURANCE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed denial of workers' compensation benefits where claimant failed to present medical evidence establishing work-related causation and failed to submit medical bills into evidence.
Lay testimony alone is insufficient to establish medical causation for workers' compensation benefits; medical bills must be submitted into evidence to support an award.
[1] Lay testimony alone is insufficient to establish medical causation in workers' compensation claims; medical evidence is required to show that work-related injuries were t…
[2] Medical bills must be submitted into evidence or supported by clear and unequivocal testimony as to their amount in order for a workers' compensation award to be proper.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“lay testimony alone is "insufficient to establish a causal connection as to conditions and symptoms not readily observable"”
Court citing Vadala v. Polk County Sch. Bd. regarding the inadequacy of lay testimony to establish medical causation in workers' compensation cases
Alberique Thomas suffered back injuries in two separate work accidents and sought compensation for medical treatments and temporary disability benefit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Workers' Compensation Claim For Medical Benefits cases and more on FLexlaw
PER CURIAM.
Claimant Alberique Thomas appeals the Judge of Compensation Claim’s order denying him compensation for certain medical treatments and temporary total and temporary partial disability benefits arising from two separate work accidents in which claimant injured his back. The JCC denied compensation, at least in part, because claimant failed to establish medical causation. While claimant’s testimony below indicates that his treatments and disability were causally related to his employment, claimant’s counsel failed to present the requisite medical evidence that his work accidents were the major contributing cause of his need for treatment and his current disability. See Vadala v. Polk County Sch. Bd., 822 So. 2d 582, 583-84 (Fla. 1st DCA 2002) (stating that lay testimony alone is “insufficient to establish a causal connection as to conditions and symptoms not readily observable”).
Claimant’s counsel also failed to submit the medical bills for which claimant sought compensation into evidence. Without these bills, even had claimant proven compensability, the JCC properly declined to award payment for the medical treatment. See Town & Country Farms v. Peck, 611 So. 2d 63, 64 (Fla. 1st DCA 1992) (stating that “an order directing payment of medical bills is improper unless medical bills are placed in evidence or there is clear and unequivocal testimony as to the amount of bills”).
Therefore, we must affirm the JCC’s order denying compensation.
BENTON, BROWNING and POLSTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Vadala v. Polk Cnty. Sch. Bd. & Integrated Administrators, 822 So. 2d 582 (Fla. 1st DCA 2002)
- Town & Country Farms & Liberty Mut. Ins. Co. v. Peck, 611 So. 2d 63 (Fla. 1st DCA 1992)