In Yolanda Diaz v. Lakeland Fast Food Services and Retailfirst Insurance Company, Summit fee entitlement an amount were at issue. Claimant’s IME recommended surgery which was then performed but not the exact procedure that was recommended. The E/C denied fee entitlement stating that the procedure was the result of additional testing ordered by the authorized provider and not claimant’s counsel efforts. The JCC disagreed stating that surgery would have not been performed at all had it not been for the efforts of claimant’s counsel. Claimant’s attorney fees AWARDED.
