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Nettina v. City of Pembroke Pines

District Court of Appeal of Florida, First District
Jan 26, 2011
51 So. 3d 497 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D09-6463.

November 30, 2010. Rehearing Denied January 26, 2011.

An appeal from an order of the Judge of Compensation Claims. Geraldine B. Hogan, Judge.

Kelli Biferie Hastings of Bichler Kelley, P.A., Maitland, and Robert S. Winess of Bichler Kelley, P.A., West Palm Beach, for Appellant.

Edward D. Schuster and Gregory G. Coican of Massey, Coican, Schuster, Ried-hammer King, LLC, Fort Lauderdale, for Appellees.


We affirm the Judge of Compensation Claims' (JCC's) denial of all benefits requested by Claimant. The JCC properly denied the request for authorization of a cardiologist to treat Claimant's hypertension on the basis that Claimant failed to prove further evaluation and treatment by a cardiologist was medically necessary. We note, however, that the JCC's alternative basis for denying the benefits claimed is contrary to City of Pembroke Pines v. Ortagus, 50 So.3d 31 (Fla. 1st DCA 2010), holding that once compensability is established, entitlement to medical benefits is not limited to the period of disability.

AFFIRMED.

DAVIS, HAWKES, and THOMAS, JJ., concur.


Summaries of

Nettina v. City of Pembroke Pines

District Court of Appeal of Florida, First District
Jan 26, 2011
51 So. 3d 497 (Fla. Dist. Ct. App. 2011)
Case details for

Nettina v. City of Pembroke Pines

Case Details

Full title:Louis NETTINA, Appellant, v. CITY OF PEMBROKE PINES (FIRE DEPARTMENT)…

Court:District Court of Appeal of Florida, First District

Date published: Jan 26, 2011

Citations

51 So. 3d 497 (Fla. Dist. Ct. App. 2011)