Wynn v. Hogan Baptist Church
Docket: No. BF-371
Court: District Court of Appeal of Florida; February 20, 1986; Florida; State Appellate Court
J.W. Wynn appealed a deputy commissioner's final order denying his claim for medical expenses incurred during his stay at the Mayo Clinic following a back injury from a compensable accident in November 1982. The deputy's order was reversed and remanded. Wynn underwent unsuccessful surgery in August 1983 and sought further treatment from his authorized physician, Dr. Haycook, who recommended evaluation at the Mayo Clinic in December 1983. Dr. Haycook informed the employer’s claims manager, Kerlin, of Wynn's ongoing pain and the exhaustion of local treatment options, believing she had approved the referral. Despite Kerlin's subsequent request for a written report from Haycook to authorize treatment, she had previously rearranged other appointments to accommodate Wynn's Mayo Clinic visit. Wynn, unaware that the report was not sent, attended the Clinic, and upon his return, submitted his bills to the employer. In March 1984, the employer claimed the trip was unauthorized due to the lack of the report, which Haycook eventually filed in May 1984. The deputy denied Wynn's claim, citing the trip's unauthorized nature and the Clinic's failure to file the required treatment report, arguing Wynn had not shown good cause for the failure. The appellate court found that Wynn had demonstrated good cause, as the employer's inconsistent actions indicated it waived its right to contest the reporting requirements. The court noted that the employer was aware of Wynn’s condition, accepted the referral, and failed to prove any prejudice resulting from the reporting failure. Furthermore, as Dr. Haycook was Wynn’s authorized physician who made the referral in his professional judgment, the employer was responsible for covering all expenses related to the evaluation, excluding treatment costs. The case was remanded for determining the proportion of expenses related to the evaluation at the Clinic and for awarding that amount to Wynn.