Cases

Court determined that JCC erred in determining that the claimant’s neck problems were related to an accident occurring on the job. There is no competent and substantial evidence supporting the JCC’s determination that the accident was the major contributing cause of the claimant’s neck complaints. See Section 440.09(1), Florida Statutes (2006). There was competent substantial evidence supporting the compensability of the claimant’s shoulder injury however.

 

In regards to the treatment of the compensable shoulder injury without, at least in part, dealing with the claimant’s non-compensable neck condition, court determined that treatment of the non-compensable neck condition would be permitted in accordance with Section 440.13(2)(a), Florida Statutes, and Section 440.13(1)(l), Florida Statutes. Additionally, treatment of non-compensable conditions is permitted under the law if such treatment was medically necessary for the treatment and recovery from the compensable injury. Treatment for a condition not causally related to a compensable accident is the employer/carrier’s responsibility if one of the primary purposes of the treatment is also removal of a hindrance to recovery from a compensable accident.