Legal Opinion

Chism v. Hillsborough County School Board

District Court of Appeal of Florida

Decided July 9, 2001No. 1D00-1306Published

1Opinion of the CourtPolston, J.

Claimant Helen Chism appeals the JCC’s denial of payment for her past psychiatric medical treatment with Dr. Arturo Gonzalez. Because the JCC’s denial did not adequately address whether this past treatment was medically necessary as provided by Section 440.13(2), Florida Statutes (1995), we reverse and remand for consideration. See Bradley v. Kraft Foods, Inc., 609 So.2d 748, 751 (Fla. 1st DCA 1992)(ruling that the JCC did not properly consider legal standards of § 440.13(2), which authorizes medically necessary treatment as the nature of the injury or the process of recovery requires).

Althoug…

2Cases cited2 opinions

  1. Workman v. McDonnell Douglas Corp.District Court of Appeal of Florida · 1991
  2. Bradley v. Kraft Foods, Inc.District Court of Appeal of Florida · 1992

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