SCHERER & SONS, INC. ET AL., APPELLANTS,
v.
EDUARDO HOEPELMAN, APPELLEE
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The court affirmed the award of permanent partial disability benefits but reversed the denial of reclassification and credit for temporary total disability benefits paid after the claimant returned to work, and reversed the requirement to pay a medical bill due to non-compliance with statutory notice requirements.
An employer/carrier may not be denied reclassification and credit for temporary total disability benefits paid to a claimant who returned to the same work at the same salary, and medical bills must comply with statutory notice requirements under Section 440.13(1).
[1] An employer and carrier are entitled to reclassification and credit for temporary total disability benefits paid to a claimant who returned to the same work at the same s…
[2] Medical bills submitted for workers' compensation benefits must comply with Section 440.13(1), Florida Statutes, requiring notice to the employer/carrier and submission o…
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Join FLexlaw to unlock all legal intelligenceA claimant received permanent partial disability benefits and temporary total disability benefits after returning to work at the same salary. The depu…
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PER CURIAM.
Substantial competent evidence supports the deputy’s award of permanent partial disability benefits, and in that respect the order is AFFIRMED. The deputy disallowed the employer.and carrier reclassification and credit, on account of permanent partial disability benefits due and unpaid, for temporary total disability benefits which were not due but were paid by the carrier and accepted by claimant after claimant returned to the same work at the same salary. Insofar as the order denies reclassification of and credit for those benefits paid, the order is REVERSED and the case REMANDED to the deputy for further consideration in light of this court’s decision in Belam Florida Corp. v. Dardy, 397 So. 2d 756 (Fla. 1st DCA 1981). Moreover, because there was a failure of compliance with Section 440.13(1), Florida Statutes (1977), and no showing of circumstances excusing compliance with that requirement for a request to the employer/carrier for medical services, and requiring medical reports to the carrier, the deputy erroneously required payment of the bill submitted by Dr. Mims, and in that respect the order is also REVERSED. Contrast Paradise Inn v. Regedus, 389 So. 2d 342 (Fla. 1st DCA 1980).
AFFIRMED in part, REVERSED in part, and REMANDED.
ROBERT P. SMITH, Jr., and THOMPSON, JJ., and WOODIE A. LILES, (Retired), Associate Judge, concur.
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Citator
Cited By
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Lerman v. Broward Cnty. Bd. OF Cnty. Comm'rs & Risk Mgmt. Div., 574 So. 2d 229 (Fla. 1st DCA 1991)…to do so, or, unless the nature of the injury required such treatment, and the employer having knowledge of such injury, failed to provide same. City of Leesburg v. Balliet, 413 So. 2d 860, 861 (Fla. 1st DCA 1982); Scherer & Sons, Inc. v. Hoepelman, 397 So. 2d 760, 761 (Fla. 1st DCA 1981). See also Lawhorn v. R.D. Mullins, D.O., 418 So. 2d 366 (Fla. 1st DCA 1982). The record in this case reflects that claimant did not ask the employer to provide psychiatric or psychological counseling. Further, claimant’s psy…
Authorities Cited
- Belam v. Dardy, 397 So. 2d 756 (Fla. 1st DCA 1981)
- Paradise INN & Corporate Grp. Serv., Inc. v. Hegedus, 389 So. 2d 342 (Fla. 1st DCA 1980)