BELL RENTALS AND SALES AND TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
JOHN HARVEY AND GULF AMERICAN FIRE & CASUALTY COMPANY, APPELLEES
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The court held that the deputy did not err in ordering further medical treatment and that medical costs are apportionable between carriers.
This is the second appeal of a workers' compensation case where the employer and carrier contended the deputy erred in not finding maximum medical imp…
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MILLS, Judge.
This is the second appearance of this workers’ compensation case here.
Bell and Travelers contend the deputy erred in failing to find that claimant reached maximum medical improvement after his second accident and in ordering them to provide further medical treatment. We disagree and affirm.
In his first order appealed here, Bell, et al. v. Harvey, 387 So. 2d 507 (Fla. 1st DCA 1980), the deputy did not rule on maximum medical improvement following the second accident. Bell and Travelers did not urge this as error. They may not do this now. The deputy’s initial order awarded remedial treatment. We affirmed this holding of the deputy. Bell and Travelers did not challenge the deputy’s holding or our opinion. It may not do so now. Brevard Board of County Commissioners v. Caldwell, 379 So. 2d 1031 (Fla. 1st DCA 1980).
In the prior Bell case, we held that medical costs are never apportionable between carriers. We recede from that opinion because before and after the prior Bell case we held 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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Flagship Nat'l Bank OF Broward Cnty. & Peninsular Fire Ins. Co. v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985)…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 apportionment.1 The 1979 amendments moved the language prohibiting appo…1 / 2
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Structural Sys., Inc. v. Worthen, 463 So. 2d 502 (Fla. 1st DCA 1985)…ing, 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. Prior to the 1979 amendment, § 440.-15(5) provided: (5) SUBSEQUENT I…1 / 2
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Fla. Ins. Guar. Ass'n v. Fibercon Indus., Inc., 491 So. 2d 566 (Fla. 1st DCA 1986)…pportionment even if we were to remand for an apportionment based on the existing record. . Medical costs are apportionable as between carriers, Flagship National Bank v. Hinkle, 479 So. 2d 828 (Fla. 1st DCA 1985); Bell Rentals and Sales v. Harvey, 405 So. 2d 289 (Fla. 1st DCA 1981); Rowe & Mitchell v. Rodgers, 378 So. 2d 1281 (Fla. 1st DCA 1979).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rowe & Mitchell & Shelby Mut. Ins. Co. v. Rodgers, 378 So. 2d 1281 (Fla. 1st DCA 1979)
- The Seasons From Sarasota (Four Seasons Apts.) & Cont'l Nat'l Am. Grp. v. O'Day, 379 So. 2d 1024 (Fla. 1st DCA 1980)
- Brevard Bd. OF Cnty. Comm'rs & U. S. Fid. & Guar. Co. v. Caldwell, 379 So. 2d 1031 (Fla. 1st DCA 1980)
- Cooke v. State, 404 So. 2d 416 (Fla. 1st DCA 1981)
- Bell Rentals & Sales v. Harvey, 387 So. 2d 507 (Fla. 1st DCA 1980)