BARRIE KELLNER, APPELLANT,
v.
F N D ENTERPRISES, INC., AND ARGONAUT INSURANCE COMPANY, APPELLEES
BARRIE KELLNER, APPELLANT,
F N D ENTERPRISES, INC., AND ARGONAUT INSURANCE COMPANY, APPELLEES
406 So. 2d 1245
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Claimant appeals the deputy commissioner’s denial of her claim for workers’ compensation benefits. We affirm.
We note, however, the employer/carrier has conceded that claimant’s attorney is entitled to a fee for securing payment of Dr. Feinstein’s bill because he was authorized, although inadvertently. We, therefore, award claimant’s attorney a fee of $650 for services in the prosecution of this claim at the hearing below and on appeal before us.
ROBERT P. SMITH, Chief Judge, and MILLS and SHIVERS, JJ., concur.
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Vero Beach Care Ctr. & Associated Indus. of Fla. v. Ricks, 476 So. 2d 262 (Fla. 1st DCA 1985)…aints and her industrial accident, Mobley v. Fulford Van and Storage, 390 So. 2d 426 (Fla. 1st DCA 1980), since such a causal connection is necessary to trigger an E/C’s obligation to pay for medical treatment. G.F.G. Janitorial Service v. Gonzalez, 406 So. 2d 1245 (Fla. 1st DCA 1981). Secondly, and more importantly, we also agree with the E/C’s contention that the record below contains no competent, substantial evidence which would have supported a finding of causation, had the deputy made such a finding. Dr.…
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Hynes v. Reisler Elec. & Nationwide Ins., 419 So. 2d 1184 (Fla. 1st DCA 1982)…acked knowledge of the status of claimant’s injury. The representation or misrepresentation was not made by the carrier but by a third party, the hospital. Cf. Engle v. Deerborne School, 226 So. 2d 681 (Fla.1969); Kellner v. F N D Enterprises, Inc., 406 So. 2d 1245 (Fla. 1st DCA 1981); and Pate v. Bay County School Board, IRC Order 2-3076 (December 9, 1976). Here there was no knowing, active acquiescence on the part of the carrier. For that reason, it should not be estopped from denying claimant benefits. Acc…