JCC Denies Scooter-Lift and Home-Modification Claims

In OJCC Case No. 19-021893RAA, Ellen K. Strong sought a transportation system described in her petition as a lift for a scooter, along with written authorization identifying the approved scope and contractor for previously agreed home modifications. The Polk County School Board and its servicing agent maintained that the requested benefits had been authorized but could not be delivered because Strong had not prepaid her 10% share under a third-party-recovery agreement.

The JCC denied the scooter-lift claim because Strong did not have a scooter, making a system to transport one medically unnecessary. The judge did not decide whether the carrier should provide a trailer or another system for her power wheelchair because that benefit was not claimed in the petition.

The JCC also dismissed the home-modification request because it sought documents rather than payment, authorization, or provision of medical treatment and therefore was not a proper claim for benefits. Although the order detailed inconsistent invoices and payment instructions and questioned the legal basis for requiring prepayment, it left those issues undecided and noted that the documents could instead be pursued through a request for production. Attorney's fees, costs, and both petitions were dismissed with prejudice.

Source: Final Compensation Order