Escambia County Board of County Commissioners v. Phipps

The claimant, who was accepted as PTD by the E/C, has had back and knee surgery and wears both a back brace and a knee brace. It is apparently conceded that hydrotherapy is an effective means for relief of the claimant’s symptoms. But under the applicable case law, that does not necessarily entitle the claimant to an order requiring the E/C to provide for the construction and maintenance of a swimming pool at his home.

In my view, the claimant failed to present facts establishing the extremely unusual circumstances which this court has said are necessary in order to justify requiring the…