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Carswell v. Broderick Const

District Court of Appeal of Florida, First District
Aug 12, 1991
583 So. 2d 803 (Fla. Dist. Ct. App. 1991)

Summary

holding that the JCC lacked jurisdiction over the determination of unjustified treatment, hospitalization or office visits and excessive charges for medical care

Summary of this case from Sims Crane & Equip. Co. v. Preciado

Opinion

No. 90-3561.

August 12, 1991.

Appeal from the Judge of Compensation Claims, Joe E. Willis.

G. Dennis Lynn, Jr., of Greene Mastry, P.A., St. Petersburg, for appellant.

Nancy L. Cavey, St. Petersburg, for appellees.


In this workers' compensation appeal we review a decision of the Judge of Compensation Claims in which he dismissed on jurisdictional grounds a request for payment of medical benefits. The Judge of Compensation Claims took this action on his own motion, the employer/carrier having withdrawn any objection to jurisdiction.

The issue presented to this court is whether the judge of compensation claims has jurisdiction to determine the reasonableness and necessity of services provided by health care providers when the employer/carrier rejects the quantity of those services.

Employer/carrier received bills for hospital and doctor care exceeding $45,000. The employer/carrier's policy is to have any bill over $5,000 subject to a medical audit, and Eagle Medical Review Enterprise was assigned the file for such review. Eagle rendered its report and based on that report the adjuster determined that the number of days for the hospital stay and services rendered were excessive. In reliance on Eagle's report the employer/carrier paid approximately $28,000 of the accumulated bills. After hearing extensive argument on the issue of jurisdiction as well as the propriety of the medical care rendered, the Judge of Compensation Claims entered a final order concluding he did not have jurisdiction to determine the issue of "overutilization" and dismissed the claim with prejudice.

We affirm the dismissal by the Judge of Compensation Claims holding that the determination of unjustified treatment, hospitalization or office visits and excessive charges for medical care in a particular claimant's case must be made by the Division of Workers' Compensation of the Department of Labor and Employment Security. The provisions of section 440.13, Florida Statutes (1991), dealing with the term "utilization review" and the reference to "overutilization" deal with the practices of a particular health care provider and give rise to deauthorization of that provider for treatment of any injured employees as well as denial of payment or requirement for reimbursement in a specific case.

It is not our purpose to differentiate between the Division and the Judge of Compensation Claims all of the various duties and responsibilities contemplated by section 440.13. The statute is no model of clarity, but in general the duties fall along two lines. The Judge of Compensation Claims assures that the injured claimant receives appropriate medical treatment, authorizes health care providers in disputes between the claimant and the employer/carrier, approves payment of medical bills presented in proper form and resolves conflicts between health care providers as to the medical status of the claimant. The Division establishes the fee schedule, determines compliance with the schedule, interprets procedures under the schedule and resolves disputes concerning gouging.

The issue in this case is excessive treatment, i.e., gouging.

AFFIRMED.

JOANOS, C.J., and SMITH, J., concur.


Summaries of

Carswell v. Broderick Const

District Court of Appeal of Florida, First District
Aug 12, 1991
583 So. 2d 803 (Fla. Dist. Ct. App. 1991)

holding that the JCC lacked jurisdiction over the determination of unjustified treatment, hospitalization or office visits and excessive charges for medical care

Summary of this case from Sims Crane & Equip. Co. v. Preciado

holding that the JCC lacked jurisdiction over the determination of unjustified treatment, hospitalization or office visits and excessive charges for medical care

Summary of this case from Avalon Center v. Hardaway

affirming dismissal by the JCC, holding that the JCC lacked jurisdiction over the determination of unjustified treatment, hospitalization, or office visits and excessive charges for medical care

Summary of this case from Sims Crane & Equip. Co. v. Preciado

affirming order dismissing request for payment of balance of medical bills, because JCC lacked jurisdiction

Summary of this case from Beasley v. M E Pieco

discussing the roles of the Division and JCC as well as the Division's specific authority to interpret, determine compliance, and resolve disputes regarding the fee schedule

Summary of this case from Palm Beach Cnty. Sch. Dist. v. Smith

explaining the responsibilities and duties of the Department versus a JCC

Summary of this case from Amerisure v. Martin Memorial Medical

In Carswell v. Broderick Construction, 583 So.2d 803 (Fla. 1st DCA 1991), we reviewed the provisions of section 440.13, Florida Statutes (1991), in an appeal following the JCC's dismissal, on jurisdictional grounds, of a request for payment of medical benefits.

Summary of this case from Westinghouse Elec. v. Widlan

In Carswell, we noted it is the responsibility of the JCC to assure that an injured claimant receives appropriate medical treatment, to authorize health care providers in disputes between a claimant and an E/C, to approve payment of properly presented medical bills, and to resolve conflicts as to a claimant's medical status.

Summary of this case from Westinghouse Elec. v. Widlan
Case details for

Carswell v. Broderick Const

Case Details

Full title:RONALD CARSWELL, APPELLANT, v. BRODERICK CONSTRUCTION AND STATE FARM…

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 1991

Citations

583 So. 2d 803 (Fla. Dist. Ct. App. 1991)

Citing Cases

Wolk v. Jaylen Homes, Inc.

Under the Act, it is the Division's duty to: (1) establish the fee schedule, (2) determine compliance of…

Westinghouse Elec. v. Widlan

The E/C challenged the subject matter jurisdiction of the JCC and moved for dismissal, which motion was…