Roberts v. Spartan Premier Staffing, Inc.
30 FLW D2031
It is the purpose for which diagnostic tests are undertaken, rather than the results of such tests, which determines the compensability of such testing. Court affirmed JCC’s denial of a discogram. The only possible purpose for the discogram was to determine whether spinal surgery would benefit the claimant. However, the claimant proceeded with the surgery prior to the hearing and a post-surgery evaluation would serve no purpose.
The JCC rejected an IME opinion that the claimant needed a urological consultation and a bone scan. The basis for the rejection was that the IME doctor was mistaken on the history of the claimant’s complaints. Court determined on review that there was competent and substantial evidence to support the IME doctor’s understanding of the history and it was error to deny these tests.