Florida District Courts of Appeal, 2013

Beavers v. Carpenter Contractors of America

Beavers v. Carpenter Contractors of America
Florida District Courts of Appeal · Decided February 26, 2013 · Benton, Davis, Roberts
107 So. 3d 551; 2013 WL 678620; 2013 Fla. App. LEXIS 3001 (Southern Reporter, Third Series)

Beavers v. Carpenter Contractors of America

Opinion of the Court

PER CURIAM.

In this workers’ compensation appeal, Steve Beavers argues the judge of compensation claims (JCC) erred in denying his request that pain management with Dr. Khan be continued or reauthorized. In ruling that Dr. Khan was properly deau-thorized by the employer/carrier under section 440.13(2)(d), Florida Statutes (2010), the JCC did not have the benefit of this court’s decision in Avery v. City of Coral Gables, 100 So.3d 749, 752 (Fla. 1st DCA 2012) (“A claimant who has reached MMI ... cannot be ⅛ recuperation,’ as a matter of law, where the treatment being provided is not curative.”). We therefore reverse the order on appeal and remand for further proceedings.

BENTON, C.J., DAVIS, and ROBERTS, JJ., concur.

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