Tri City Electrical Contractors Inc. / Amerisure Mutual Insurance Company v. Robert Gondek

Summary

The Florida First District Court of Appeal held that an independent medical examination report did not constitute a written prescription for attendant care under section 440.13(2)(b)1., Florida Statutes. The court set aside the award of 24-hour attendant care benefits while affirming the remaining portions of the workers’ compensation order.

Holdings

1. An independent medical examination physician's report that merely evaluates the claimant's medical condition and describes the claimant's need for assistance is not a written prescription for attendant care and does not establish that the physician directed or controlled the claimant's care. Accordingly, it cannot support an attendant-care award under section 440.13(2)(b)1., Florida Statutes.
2. The court found no error in the Judge of Compensation Claims' rejection of the misrepresentation defense and weight-loss medicine arguments and affirmed those rulings without elaboration.

Questions Presented

1. Whether an independent medical examination physician's report describing a claimant's need for attendant care satisfies section 440.13(2)(b)1., Florida Statutes, which requires attendant care to be medically necessary, directed and controlled by a physician, prescribed in writing, provided to the employer or carrier, sufficiently detailed, and nonretroactive.
2. Whether the Judge of Compensation Claims erred in rejecting the employer/carrier's misrepresentation defense and in awarding weight-loss medication.

Disposition

other