Osceola County School Board and Florida, etc. v. Ivonne Pabellon-Nieves

In this workers’ compensation appeal, the Employer/Carrier argues that the Judge of Compensation Claims (JCC) erred in awarding continuing medical treatment for Claimant’s work-related neck injury. Finding no error in the JCC’s award of the continuing care, we affirm the order. We write, however, to clarify application of section 440.09(l)(b), Florida Statutes (2009).

Section 440.09(l)(b) provides:

If an injury arising out of and in the course of employment combines with a preexisting disease or condition to cause or prolong disability or need for treatment, the employer must pay compensation…