Luks Santaniello's Florida Workers Compensation blog

This April 24, 2013 1DCA opinion affirmed in part and reversed in part Judge Portuallo's JCC decision. in this case, the claimant argued that the JCC erred by: (1) improperly shifting onto Claimant the burden to prove  the compensable injury was the major contributing cause (MCC) of his disability and need for surgery;  (2) finding  that the medical services at issue did not constitute “emergency care or services,” and that lack of notice to the  Employer/Carrier (E/C)  precluded authorization or payment; and  (3) finding  the opinion testimony from the emergency room physician, Dr. Acebal, is not admissible  pursuant to the “self-help” provisions contained in chapter 440.  The 1DCA reversed on the first two grounds raised and affirmed on the last. As background, the Claimant injured his lower back in 2006.  the Claimant declined surgical treatment, and ...