Evangeline Torain v. Duval County Public Schools/Johns Eastern Company, Inc., OJCC No. 16-003854RJH (Decision issued Sept. 14, 2018)

Emotional support animals found medically necessary.

A Jacksonville District judge of compensation claims ordered an employer to reimburse an injured worker for the purchase of an emotional support animal. The judge found that the employer waived its right to challenge medical necessity, citing the Parodi self-help case in support of the decision. The judge noted in the order that, although the employer does not have to authorize the requested care in the 3/10 timeframe, the employer does have to respond. The judge also overruled the employer’s objections that an emotional support animal is not medical treatment under the statute, finding it was recommended as a form of treatment by the authorized treating physician and based on the testimony on the authorized provider, the employer’s IME, and the EMA.

 

Case Law Alerts, 1st Quarter, January 2019

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