Cases

A JCC cannot deny temporary total benefits on the basis that a claimant is able to return to work in the absence of evidence that the claimant was informed or should have known that he was released to return to work. If a JCC denies temporary total benefits to a claimant who is on no work status, the JCC must specifically state in the order that benefits were denied because the claimant knew or should have known he could return to work. In this case, the JCC failed to make the appropriate findings to support his denial of temporary total benefits (a period when claimant was on no work status) and therefore, the denial of benefits for this period was reversed.

JCC found that employer/carrier was responsible for paying for medical care obtained by claimant without specific authorization from employer/carrier since it was wrongfully denied by the employer/carrier and such treatment was reasonable and medically necessary. Accordingly, the opinions of the doctor were admissible into evidence as that of an authorized treating physician pursuant to Section 440.13(5), Florida Statutes.