imPACtofPersonALmeDiCALConDitionsonworkCLAims
Workers ’ Compensation Section
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Judge Medina-Shore relied on City of Miami v . Korostishevski , 1 which provides that an employer / carrier is responsible to treat an unrelated condition if the purpose of the treatment is also the removal of a hindrance to recover from the compensable injuries . Dr . Alex , the authorized orthopedist , testified that the diabetes hindered the treatment of the diagnosed CRPS . In fact , there were Platelet-Rich Plasma ( PRP ) injections prescribed for the injured employee that he could not receive because his blood sugar was too high . Additionally , Dr . Alonso , the authorized psychiatrist , testified that there were medications being prescribed to treat the employee ’ s depression that had side effects of causing an increase to the injured employee ’ s glucose level . However , he had to balance prescribing the medication to treat the employee ’ s severe depression against his diabetes worsening . Both Dr . Alonso and Dr . Alex testified that the injured employee ’ s diabetes interfered with their ability to treat the work injuries , and provided specific examples .
The employer / carrier argued that there was no expectation of recovery as the injured employee had reached maximum medical improvement ( MMI ) and that his diabetes did not hinder his recovery from his compensable injuries . As such , it argued that the request for a PCP would be to treat the employee ’ s general health and safety . Additionally , the employer / carrier argued that the injured employee was receiving only palliative care and there was no real expectation of recovery from his injuries . The Judge disagreed with the arguments and awarded the benefits sought , holding that the hindrance to recovery doctrine is not limited to remedial care . The employer / carrier was held responsible for authorizing a PCP to treat the employee ’ s diabetes until the diabetes no longer hinders his recovery from the compensable injuries . n
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627 So . 2d 1242,1244 ( Fla . 1st DCA 1993 ).
Author : Ya ’ Sheaka C . Williams – Eraclides , Gelman , Hall , Indek , Goodman
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