# Chism v. Hillsborough County School Board

> District Court of Appeal of Florida · July 9, 2001 · 788 So. 2d 418

URL: https://www.frixlaw.com/law-library/cases/7741602

## Case

- **Full name:** Helen CHISM v. HILLSBOROUGH COUNTY SCHOOL BOARD and RSKCO.
- **Court:** District Court of Appeal of Florida
- **Decided:** July 9, 2001
- **Citations:** 788 So. 2d 418; 2001 Fla. App. LEXIS 9452; 2001 WL 761342
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Polston
- **Judges:** Ervin, Kahn, Polston
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7741602

## Opinion text

POLSTON, J.
Claimant Helen Chism appeals the JCC’s denial of payment for her past psychiatric medical treatment with Dr. Arturo Gonzalez. Because the JCC’s denial did not adequately address whether this past treatment was medically necessary as provided by Section 440.13(2), Florida Statutes (1995), we reverse and remand for consideration. See Bradley v. Kraft Foods, Inc., 609 So.2d 748, 751 (Fla. 1st DCA 1992)(ruling that the JCC did not properly consider legal standards of § 440.13(2), which authorizes medically necessary treatment as the nature of the injury or the process of recovery requires).
Although Ms. Chism did not request authorization for her treatment from Dr. Gonzalez from the employer/carrier, the e/c became aware of Dr. Gonzalez’s treatment. See Workman v. McDonnell Douglas Corp., 590 So.2d 1035, 1037 (Fla. 1st DCA 1991)(denial of claim for past medical *419 benefits reversed and remanded when e/c became aware of treatment and JCC did not consider reasonableness and medical necessity of treatment).
We affirm in all other respects.
AFFIRMED in part and REVERSED in part.
ERVIN and KAHN, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7741602. Public record. Not legal advice.