KELLER KITCHEN CABINETS AND U. S. FIRE INSURANCE COMPANY, APPELLANTS,
v.
JOHN V. HOLDER, APPELLEE
KELLER KITCHEN CABINETS AND U. S. FIRE INSURANCE COMPANY, APPELLANTS,
JOHN V. HOLDER, APPELLEE
397 So. 2d 434
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We direct that the fourth sentence in finding number two be stricken from the deputy commissioner’s compensation order which reads:
It is further my finding that in the event the claimant shall require a total knee replacement at some date in the future, the same would be solely for relief of the symptoms caused by the aggravation of his pre-existing condition, which symptoms are the direct result of the subject accident.
The order is otherwise affirmed.
McCORD, ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Holder v. Keller Kitchen Cabinets, 610 So. 2d 1264 (Fla. 1992)…knee replacement, the procedure would be solely for relief of the symptoms caused by the aggravation of the compensable injury. On appeal, the district court struck this finding from the order without explanation. Keller Kitchen Cabinets v. Holder, 397 So. 2d 434 (Fla. 1st DCA 1981). The respondents paid the disability benefits and provided continuing medical care up to the time of the hearing in the instant action. A dispute between the parties regarding medical care was resolved by a 1985 order which did n…
-
Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)…sability. On the ensuing appeal by the employer and carrier, the award of benefits was affirmed, but the quoted provision regarding [*1140] the knee replacement operation was struck from the order without comment. Keller Kitchen Cabinets v. Holder, 397 So. 2d 434 (Fla. 1st DCA 1981). While the court declined to state the reason for this ruling, the only conceivable basis had to be that any issue regarding a claim for benefits due to a total knee replacement operation and resulting disability was premature an…1 / 2
-
Benigno Bravo v. Gulf & W. Food Prods., 637 So. 2d 63 (Fla. 1st DCA 1994)…a total knee replacement, this would be solely for relief of symptoms resulting from the compensable accident.” However, the Supreme Court noted this language was stricken from the order by this court on appeal in Keller Kitchen Cabinets v. Holder, 397 So. 2d 434 (Fla. 1st DCA 1981) {Holder I), although the order was otherwise affirmed. When Holder, some eight years later, presented his claims connected with his knee replacement surgery, the JCC was confronted by the employer and carrier’s (E/C) defense that…