51 So. 3d 497

Louis NETTINA, Appellant, v. CITY OF PEMBROKE PINES (FIRE DEPARTMENT), Gallagher Bassett Services, Inc., Appellees.

No. 1D09-6463.

District Court of Appeal of Florida, First District.

Nov. 30, 2010.

Rehearing Denied Jan. 26, 2011.

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.

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.

Nettina v. City of Pembroke Pines (Fire Department)
51 So. 3d 497

Case Details

Name
Nettina v. City of Pembroke Pines (Fire Department)
Decision Date
Nov 30, 2010
Citations

51 So. 3d 497

Jurisdiction
Florida

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