WILLIAM P. COOKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM P. COOKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
404 So. 2d 416
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Pittman v. State, 397 So. 2d 1205 (Fla. 1st DCA 1981).
ROBERT P. SMITH, Jr., C. J., THOMPSON, J., and LILES, WOODIE A. (Retired), Associate Judge, concur.
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Flagship Nat'l Bank OF Broward Cnty. & Peninsular Fire Ins. Co. v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985)…mendments have held that a deputy is authorized to apportion medical benefits between carriers. Rowe & Mitchell v. Rodgers, 378 So. 2d 1281 (Fla. 1st DCA 1980); The Seasons from Sarasota v. O’Day, 379 So. 2d 1024 (Fla. 1st DCA 1980); Neff v. Britto, 404 So. 2d 416 (Fla. 1st DCA 1981); Bell Rentals & Sales v. Harvey, 405 So. 2d 289 (Fla. 1st DCA 1981). Prior to 1979, section 440.-02(18), defining “accident,” provided in part that compensation for temporary disability and medical benefits was not subject to app…1 / 2
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Structural Sys., Inc. v. Worthen, 463 So. 2d 502 (Fla. 1st DCA 1985)…of the carrier at the time of that second accident. See Hayward Trucking, Inc. v. Aetna Insurance Company, 445 So. 2d 385 (Fla. 1st DCA 1984). There are several earlier cases that permitted the apportionment of medical benefits. See Neff v. Britto, 404 So. 2d 416 (Fla. 1st DCA 1981); Bell Rentals and Sales v. Harvey, 405 So. 2d 289 (Fla. 1st DCA 1981). However, all of these cases involved accidents that occurred prior to August 1, 1979, the effective date of a substantial amendment to § 440.15(5), Fla. Stat.…1 / 2
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Bell Rentals & Sales & Travelers Ins. Co. v. Harvey, 405 So. 2d 289 (Fla. 1st DCA 1981)…that medical costs may be apportioned between carriers. This we reaffirm. Rowe and Mitchell v. Rodgers, 378 So. 2d 1281 (Fla. 1st DCA 1979); The Seasons from Sarasota v. O’Day, 379 So. 2d 1024 (Fla. 1st DCA 1980); and Neff, et al. v. Bretts, et al., 404 So. 2d 416 (Fla. 1st DCA 1981). AFFIRMED. ROBERT P. SMITH, Jr., C.J., and McCORD, ERVIN, BOOTH, LARRY G. SMITH, SHIVERS, SHAW, WENT-WORTH, JOANOS and THOMPSON, JJ., concur.…
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- Pittman v. State, 397 So. 2d 1205 (Fla. 1st DCA 1981)