Florida’s 1st District Court of Appeal reversed a lower court ruling denying reimbursement of medical expenses, mileage and co-payments for treatment a worker incurred after he suffered a violent attack on the job.
In Fortune v. Gulf Coast Tree Care Inc., appellate court ruled the Judge of Compensation Claims erred in denying the worker’s claim, and ordered the company to pay the outstanding balance to the worker. The primary issue – and the reason the JCC refused to reimburse the worker for a period of time after the incident – was because the worker failed to request medical care from his employer or employer’s insurance carrier. Instead, the landscaper sought treatment at the local Veteran’s Administration, as he was a retired member of the military.
However, this should not have barred him from receiving compensation for care, the court ruled.