Terry Pearson v. BH Transfer And Chartis Claims, Inc.

In this workers’ compensation appeal, Claimant, Terry Pearson, argues that the Judge of Compensation Claims (JCC) erred when he denied Claimant’s request for authorization of spinal surgery on grounds that the surgery was not medically necessary. Because the JCC’s interpretation of section 440.13(3)(i), Florida Statutes (2011), was erroneous, we reverse.

Claimant filed a petition for benefits requesting authorization for the surgical procedure recommended by his authorized treating physician and attached to the petition a copy of the doctor’s office note recommending the procedure. More than…