Cases

To the extent that an issue on appeal turns a resolution of the facts, the review standard is competent substantial evidence; to the extent it involves an interpretation of law, this standard is de novo.

In this case, the claimant passed out and fell to the ground striking his head on a concrete pavement.  The case was accepted as compensable and emergency room treatment was provided.  Thereafter, a CT brain scan was read as indicative of a stroke.  Additional diagnostic testing was recommended which was denied by the employer/carrier. On appeal, claimant argued that the additional diagnostic testing was necessary to determine the nature and extent of the claimant's compensable head injury. 

Diagnostic testing is compensable if the purpose is to find out the cause of the injured worker's symptoms, i.e., which symptoms may be related to a compensable accident.  This is true even if the tests prove the symptoms are unrelated to the compensable injury. The same principle applies in cases governed by the major contributing cause standard applicable to dates of accidents beginning January 1, 1994.  The claimant has the burden of showing that the diagnostic tests were reasonably required by the nature of the claimant's workplace injury.

The employer/carrier argued in this case that once the initial head CT scan was read as indicative of a stroke, no further testing was required for the workplace injury.  However, the evidence of record demonstrated that the additional testing was needed to determine if the claimant's CT findings were related to the compensable accident.