Abbott v. Price Plumbing, Inc.

District Court of Appeal of Florida

Abbott v. Price Plumbing, Inc.

500 So. 2d 698, 12 Fla. L. Weekly 231, 1987 Fla. App. LEXIS 6208

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 1987

DocketNo. BK-331

StatusPublished

Cited by4 cases

This text of 500 So. 2d 698 (Abbott v. Price Plumbing, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abbott v. Price Plumbing, Inc., 500 So. 2d 698, 12 Fla. L. Weekly 231, 1987 Fla. App. LEXIS 6208 (Fla. Ct. App. 1987).

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Opinion

WENTWORTH, Judge.

Claimant seeks review of a workers’ compensation order by which a claim for diagnostic testing and medical treatment was denied. We find that the evidence [699]*699establishes that the requested tests are necessary for a full understanding as to the causal etiology of claimant’s heart condition. We therefore conclude that the deputy erred in denying the claim for these tests, and we reverse the order appealed.

While under anesthesia during surgery for an industrial injury to his knee, claimant developed an irregular heartbeat. The surgery was immediately terminated, and the heart irregularity thereafter subsided. Two cardiologists subsequently examined claimant and it was suggested that the irregularity may have been precipitated by the anesthesia for claimant’s knee surgery. Both doctors indicated that further diagnostic testing could be helpful in identifying the precise causal etiology of claimant’s symptoms. Since the recommended tests are intended to better ascertain the cause of claimant’s symptoms, and such symptoms may be related to treatment for a compensable injury, claimant should have been awarded the diagnostic testing claimed. Cf., Nealy v. City of West Palm Beach, 491 So.2d 585 (Fla. 1st DCA 1986).

The order appealed is reversed and the cause remanded.

BOOTH, C.J., and MILLS, J., concur.

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WENTWORTH, Judge.

Claimant seeks review of a workers’ compensation order by which a claim for diagnostic testing and medical treatment was denied. We find that the evidence [699]*699establishes that the requested tests are necessary for a full understanding as to the causal etiology of claimant’s heart condition. We therefore conclude that the deputy erred in denying the claim for these tests, and we reverse the order appealed.

While under anesthesia during surgery for an industrial injury to his knee, claimant developed an irregular heartbeat. The surgery was immediately terminated, and the heart irregularity thereafter subsided. Two cardiologists subsequently examined claimant and it was suggested that the irregularity may have been precipitated by the anesthesia for claimant’s knee surgery. Both doctors indicated that further diagnostic testing could be helpful in identifying the precise causal etiology of claimant’s symptoms. Since the recommended tests are intended to better ascertain the cause of claimant’s symptoms, and such symptoms may be related to treatment for a compensable injury, claimant should have been awarded the diagnostic testing claimed. Cf., Nealy v. City of West Palm Beach, 491 So.2d 585 (Fla. 1st DCA 1986).

The order appealed is reversed and the cause remanded.

BOOTH, C.J., and MILLS, J., concur.

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500 So. 2d 698, 12 Fla. L. Weekly 231, 1987 Fla. App. LEXIS 6208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbott-v-price-plumbing-inc-fladistctapp-1987.

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