Cases

Claimant filed a Petition for Benefits seeking the payment of attendant care benefits for care rendered by the state of Florida during a period of incarceration.  An order had been entered that determined that maximum medical improvement had been reached and the claimant was entitled to medical and indemnity payments including attendant care that was in the nature of remote surveillance or oversight.  Following the order, the claimant was incarcerated and it was during these periods of incarceration that attendant care was being sought.  JCC entered an order based on a motion filed by the employer/carrier compelling the claimant to submit to medical treatment.

On appeal, the order compelling medical treatment was reversed.  The evaluation ordered by the JCC had no connection to or bearing on the sole issue pending before the JCC which was whether supervision of the claimant provided by the state during periods of the claimant's past incarceration constituted the type of attendant care ordered to be provided to the claimant.  Writ of Certiorari granted since the claimant had demonstrated irreparable harm in the order entered by the JCC that could not be corrected in post-judgment appeal.