Florida District Courts of Appeal, 2010

Nettina v. City of Pembroke Pines (Fire Department)

Nettina v. City of Pembroke Pines (Fire Department)
Florida District Courts of Appeal · Decided November 30, 2010 · Davis, Hawkes, Thomas
51 So. 3d 497; 2010 Fla. App. LEXIS 18996; 2010 WL 4836985 (Southern Reporter, Third Series)

Nettina v. City of Pembroke Pines (Fire Department)

Opinion of the Court

PER CURIAM.

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.

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