WALT DISNEY WORLD COMPANY, APPELLANT,
v.
SANDRA SCHIEDEL, APPELLEE
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Florida appellate court reversed a worker's compensation order requiring payment of unauthorized medical bills because the Deputy Commissioner failed to make a specific finding on whether good cause excused the claimant's failure to timely report medical treatment under Florida Statutes Section 440.13(1).
An employer is not required to pay unauthorized medical bills unless the Deputy Commissioner makes a specific finding that good cause existed for the claimant's failure to comply with timely reporting requirements under Florida Statutes Section 440.13(1).
[1] A notice of controversy filed by an employer does not excuse an employee's failure to comply with statutory timely reporting requirements for medical treatment under Flor…
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Join FLexlaw to unlock all legal intelligenceA worker's compensation claimant and her chiropractor failed to timely report medical bills as required by statute. The employer controverted the clai…
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PER CURIAM.
This cause is before us on appeal from a worker’s compensation order requiring the employer to pay certain unauthorized medical bills. The Deputy Commissioner’s order made no specific finding on whether good cause excused the failure of the claimant and her chiropractor to comply with the timely reporting requirements of Florida Statutes, Section 440.13(1) (1979). Though the order stated generally that the employer controverted the claim, a notice of controversy does not in itself excuse the failure to file timely medical reports. St. Francis Hospital, Inc. v. Feinberg, 192 So. 2d 753 (Fla.1966); Hood’s Dairy v. Severino, 178 So. 2d 588 (Fla.1965); Miami Dade Water & Sewer Authority v. Plescow, IRC 2-3690 (February 8, 1979).
Accordingly, that portion of the order below which requires payment of unauthorized and unreported medical bills is reversed and remanded for a specific finding on whether good cause existed for the failure to comply with Section 440.13(1). See, e. g., Corporate Group Service, Inc. v. Lymberis, 146 So. 2d 745 (Fla.1962); Ranch House, Inc. v. Jackson, IRC 2-3824 (May 25, 1979). Failing a finding of sufficient good cause, payment of these medical bills must be disallowed.
BOOTH, SMITH and THOMPSON, JJ., concur.
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Fuchs Baking Co. & Emp'r's Serv. Corp. v. Est. of Francis Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985)…xcuse the failure to furnish timely medical reports as required by section 440.-13(2)(b). This court has held such a finding to be essential to an award of medical bills where filing requirements have not been met. Walt Disney World Co. v. Schiebel, 397 So. 2d 1004 (Fla. 1st DCA 1981); Broward Industrial Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981). Therefore, we remand for a specific finding as to whether there was good cause to excuse the failure to comply with the statutory requirements. The…
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Walt Disney World Co. v. Schiebel, 414 So. 2d 602 (Fla. 1st DCA 1982)…employer appeals a workers’ compensation order excusing the failure of the claimant and of her chiropractor, Dr. Bartlett, to file timely medical reports as required by Florida Statutes, Section 440.-13(1). In Walt Disney World Company v. Schiebel, 397 So. 2d 1004 (Fla. 1st DCA 1981), this court previously reversed the award of payment of the unauthorized and unreported medical bills, holding that the notice of controversy did not in itself excuse the failure to file reports.1 See St. Francis Hospital, Inc.…
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Town & Country Farms & Liberty Mut. Ins. Co. v. Peck, 611 So. 2d 63 (Fla. 1st DCA 1992)…ulting from her suicide attempt. Therefore, the case must be remanded for the JCC to make a specific finding regarding whether good cause exists. City of Ft. Lauderdale v. Kennedy, 532 So. 2d 6 (Fla. 1st DCA 1988); Walt Disney World Co. v. Schiebel, 397 So. 2d 1004 (Fla. 1st DCA 1981); Broward Industrial Plating, Inc. v. Weiby, supra. Generally, an order directing payment of medical bills is improper unless the medical bills are placed in evidence or there is clear and unequivocal testimony as to the amount o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Corporate Grp. Serv., Inc. v. Achilles Lymberis, 146 So. 2d 745 (Fla. 1962)
- Hood's Dairy & Fund Ins. Cos. v. Severino, 178 So. 2d 588 (Fla. 1965)
- ST. Francis Hosp., Inc. v. Eileen Feinberg & the Fla. Indus. Comm'n, 192 So. 2d 753 (Fla. 1966)