ARREZ BROTHERS CARPENTRY LLC v. ORTIZ (2022)

In this workers’ compensation case, the Employer/Carrier (E/C) appeals an order of the Judge of Compensation Claims awarding many benefits. We reverse the award of treatment rendered by Good Samaritan Medical and Sheridan Radiology. We otherwise affirm the JCC's award of benefits to Claimant.

Nothing in the record indicates that the care was undertaken with the intent of determining whether an emergency medical condition exists. Cespedes v. Yellow Transp., Inc. (URC)/Gallagher Bassett Servs., Inc., 130 So. 3d 243, 250-51 (Fla. 1st DCA 2013) (“ ‘[E]mergency services and care’ begin when a physician undertakes a medical screening, examination, or evaluation to determine whether an emergency medical condition exists.”); § 395.002(8)(a), (9), Fla. Stat. (2020) (defining “emergency medical condition” as a condition with “acute symptoms of sufficient severity” where “absence of immediate medical attention could reasonably be expected to result in ․ serious impairment to bodily functions”). For example, even though Good Samaritan ruled out a fracture, nothing here indicates that a fracture would have seriously impaired bodily functions had treatment not been “immediate.” We affirm the remainder of the order without further comment.

Affirmed in part, Reversed in part, and Remanded for further proceedings in accordance with this opinion.

Per Curiam.

Rowe, C.J., and B.L. Thomas and Osterhaus, JJ., concur.