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418 So. 2d 395

Docket No. AI-81.

Amoco Container Co. v. Singh

AMOCO CONTAINER COMPANY and Amoco Oil Company, Appellants, v. Mohabeer SINGH, Appellee.

District Court of Appeal of Florida

Decided August 18, 1982.

District Court of Appeal of Florida · decided 1982-08-18

Cited by 7 later decisions — most recently November 1994

7 state decisions

Key passage — most relied on by later courts

“Absent a conflict in the medical evidence, the employer/carrier may not be required to bear the expense of an evaluation by an additional physician based merely on claimant's assertions of continued pain. (emphasis supplied)”

quoted by 1 later decision, including 457 So. 2d 547 - BRADLEY CONST. v. White

Relies on K-Mart Corp. v. Nasoni · 156 So. 2d 844 - Bryant v. Elberta Crate & Box Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1982-08-18

View the full empirical analysis of this case →

¶1Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellants.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4The employer/carrier appeals a workers' compensation order awarding claimant "an examination, evaluation and treatment, if necessary, by an orthopedic surgeon in New York City." We reverse. All three of the treating physicians testified that claimant had reached maximum medical improvement with no permanent impairment or restrictions. Absent a conflict in the medical evidence, the employer/carrier may not be required to bear the expense of an evaluation by an additional physician based merely on claimant's assertions of continued pain. K-Mart Corporation v. Nasoni,377 So.2d 821 (Fla. 1st DCA 1979); Lu-Mar Enterprises, Inc. v. Mazur, 8 FCR 248 (1974). Instead, claimant must demonstrate that such further medical evaluation and/or treatment is reasonably required by the nature of the injury or the process of recovery. Bryant v. Elberta Crate & Box Company,156 So.2d 844 (Fla. 1963). Since no such showing was made in this case, the award of an additional evaluation by an orthopedic surgeon in New York City was erroneous.

¶5REVERSED.

¶6MILLS, BOOTH and THOMPSON, JJ., concur.

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