West Coast Elevator Co. v. Wood

District Court of Appeal of Florida

West Coast Elevator Co. v. Wood

780 So. 2d 321, 2001 Fla. App. LEXIS 4114, 2001 WL 277052

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 2001

DocketNo. 1D00-1664

StatusPublished

Cited by1 cases

This text of 780 So. 2d 321 (West Coast Elevator Co. v. Wood) 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

West Coast Elevator Co. v. Wood, 780 So. 2d 321, 2001 Fla. App. LEXIS 4114, 2001 WL 277052 (Fla. Ct. App. 2001).

Pincite

Opinion

PER CURIAM.

This is an appeal from a worker’s compensation order granting Appellee’s request for a functional capacity evaluation (FCE). Because there was no competent, substantial evidence supporting the medical necessity for the FCE, we reverse.¹

The only evidence submitted in this case was the deposition testimony of Appellee’s most recent treating physician, Dr. Maurer. The physician testified that he did not impose any long-term restrictions upon Appellee and that he released Appellee to return to full-time duty after 45 days of light-duty work. In a prior proceeding concerning Appellee’s petition for permanent total disability benefits, which included the exact same testimony, the judge of compensation claims (JCC) found that Dr. Maurer had affirmatively assigned no long-term post-operative restrictions upon Appellee following his recovery from surgery.

Accordingly, because there was no competent, substantial evidence supporting the medical necessity of an FCE and Appel-lee’s treating physician had already informed Appellee that there were no long-term restrictions or limitations, we REVERSE.

MINER, WOLF and DAVIS, JJ., concur.

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PER CURIAM.

This is an appeal from a worker’s compensation order granting Appellee’s request for a functional capacity evaluation (FCE). Because there was no competent, substantial evidence supporting the medical necessity for the FCE, we reverse.¹

The only evidence submitted in this case was the deposition testimony of Appellee’s most recent treating physician, Dr. Maurer. The physician testified that he did not impose any long-term restrictions upon Appellee and that he released Appellee to return to full-time duty after 45 days of light-duty work. In a prior proceeding concerning Appellee’s petition for permanent total disability benefits, which included the exact same testimony, the judge of compensation claims (JCC) found that Dr. Maurer had affirmatively assigned no long-term post-operative restrictions upon Appellee following his recovery from surgery.

Accordingly, because there was no competent, substantial evidence supporting the medical necessity of an FCE and Appel-lee’s treating physician had already informed Appellee that there were no long-term restrictions or limitations, we REVERSE.

MINER, WOLF and DAVIS, JJ., concur.

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Bluebook (online)

780 So. 2d 321, 2001 Fla. App. LEXIS 4114, 2001 WL 277052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-coast-elevator-co-v-wood-fladistctapp-2001.

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