In the June issue of our Case Law Updates, we review the following:
The carrier authorized a non-Spanish speaking provider and an interpreter; however the Claimant does not attend the scheduled appointment and requests Spanish speaking psychologist. The only medical evidence presented at the Final Hearing was the deposition testimony of Dr. Alves. The JCC reviewed the evidence and found that based on the doctor’s testimony, the requested benefit did not rise to the level of medical necessity. The Claimant argued the JCC ignored the unrebutted testimony of Dr. Alves.
Claimant’s suffered a compensable injury to the right shoulder. Thereafter, a request for surgery to the left shoulder was made and denied as the left shoulder was not injured in work accident. The only medical testimony provided was from Dr. White who testified the claimant needed surgery to both left and right. Dr. White further testified that the two conditions were not connected and, although preferable for the left shoulder surgery to take place first, the result of the right shoulder would be unaffected by the order of the surgery.
Claimant appeals an order of the Judge of Compensation Claims denying compensability of his injuries claimed under a theory of repetitive trauma with an alleged date of accident of September 22, 2003. Claimant argues that the JCC erred when he found that the report of injury was late, forever barring the prosecution of any claims. Claimant also argues that the JCC erred by ruling on reserved claims for attorney’s fees and costs related to previously provided benefits.