BUFORD SLOAN, APPELLANT,
v.
CONCRETE SCIENCES AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES
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PER CURIAM. •
The deputy commissioner found that the claimant suffered no permanent disability from an inner ear infection which resulted from cement poisoning. In doing so, however, he failed to rule on an issue properly before him, to wit: whether the appellees were responsible for Dr. Fagan’s bill for medical treatment. Mel web Signs v. Dills, IRC Order 2-3771 (April 16, 1979). The appellees are hereby ordered to pay Dr. Fagan’s bill in light of uncontroverted evidence that Dr. Sloan, the initially authorized physician, referred the claimant to Dr. Fagan who continued to treat the claimant for inner ear poisoning. Coral Magnetics Company v. Allen, 8 FCR 73 (1973). We find no support in the record for the appel-lees’ position that Dr. Fagan was deauthor-ized.
As modified by this opinion, the order is otherwise
AFFIRMED.
ROBERT P. SMITH, Jr., and SHAW, JJ., concur. BOOTH, J., dissents with opinion.
BOOTH, Judge,
dissenting:
I dissent. Crews v. Town of Bay Harbor Islands, 378 So. 2d 1265 (Fla. 1st DCA 1979).
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Arnold Lumber Co. & R.P. Hewitt & Assocs. v. Verner E. Harris, 503 So. 2d 925 (Fla. 1st DCA 1987)…deputy supports his conclusion that Dr. Owens, the chiropractor, was authorized. Since an authorized chiropractor referred claimant to Dr. Batson for treatment, the employer/carrier are responsible for Dr. Batson’s bill. Sloan v. Concrete Sciences, 382 So. 2d 411 (Fla. 1st DCA 1980). The award of attorney’s fees under section 440.34(3)(c), Florida Statutes [*927] (Supp.1980), was correct. This statute provides for an award of attorney’s fees where the employer/carrier deny that an injury occurred for which…
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Shafer & Miller, Inc. v. Mose Moore and the Division of Workers' Compensation, 499 So. 2d 871 (Fla. 1st DCA 1986)…e referral to Dr. Thoburn and the subsequent hospitalization and referral to Dr. Cauthen by Dr. Thoburn was in the normal progression of authorized treatment and the carrier is financially responsible for them, (e.s.) In Sloan v. Concrete Sciences, 382 So. 2d 411, 412 (Fla. 1st DCA 1980), the court stated: the appellees are ... ordered to pay Dr. Fagan’s bill in light of uncontroverted evidence that Dr. Sloan, the initially authorized physician, referred the claimant to Dr. Fagan who continued to treat the…
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- Emerson Crews v. Town OF BAY Harbor Islands & Metro. Dade Cnty. Self Ins. Fund, 378 So. 2d 1265 (Fla. 1st DCA 1979)