Cases

Claimant developed a sudden pain in his neck when opening heavy lids on equipment lockers at work.  Employer/carrier did not accept any injury as compensable theorizing that the claimant's neck pain was preexisting and not work related.  Claimant saw two doctors that were not authorized by the employer/carrier and both testified that the claimant's symptoms were caused by his work related incident.  JCC excluded the testimony of the claimant's two chosen doctors since they were not authorized, were not IME doctors and were not EMA doctors.  Claimant sought to introduce the medical opinions based on authorization of medical care utilizing the self-help provisions of Section 440.13 since the employer/carrier did not provide medical treatment. 

In order to make authorized medical treatment pursuant to the self-help provisions of Section 440.13, Florida Statutes, there must be a showing that the care rendered by the self-help doctor was compensable and medically necessary. The self-help doctor's opinion that the care was compensable and medically necessary cannot bootstrap itself into evidence.  In other words, compensability of the treatment must come from a source other than the testimony of the unauthorized doctors.