JOSE L. MEZQUITA, APPELLANT,

v.

FLORIDA STEEL CORPORATION AND HARTFORD INSURANCE COMPANY, APPELLEES

Fla. 1st DCA | 1982-08-19

No. AD-251

ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.

419 So. 2d 675 Florida District Court of Appeal, First District (1982) Negative Treatment

Cited by 12 cases

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Holding

The court affirmed the denial of payment for certain medical bills and the failure to adjudicate interest and penalties, despite a procedural error by the deputy.

Facts & Procedural History

Claimant appealed a workers' compensation order awarding some benefits but denying payment for certain medical bills and failing to address interest/p…

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Topics

Permanent Partial Disability Benefits Temporary Total Disability Benefits Worker'S Compensation

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Opinion of the Court

PER CURIAM.

This cause is before us on appeal by the claimant from a workers’ compensation order awarding temporary total and permanent partial disability benefits, payment of certain medical bills to Dr. Turke incurred prior to July 23, 1976, attorney’s fees and costs. Although claimant correctly contends that the deputy erred in relying on an alleged letter of deauthorization which was never admitted into evidence, see, e.g., City of Hallandale v. Jones, IRC Order 2-3440 (1978), we affirm the denial of payment of Dr. Turke’s bills subsequent to July 23, 1976, as there is no evidence in the record showing that Dr. Turke was ever authorized,1 and claimant was offered alternative medical treatment. See Delta Airlines v. Underwood, 406 So. 2d 1188 (Fla. 1st DCA 1981).

Claimant also urges that the deputy erred in failing to adjudicate the issue of claimant’s entitlement to interest and penalties, when such benefits were claimed in the pre-trial stipulation. The order is entirely silent on this issue. However, as the record reveals that the omission was never raised before the deputy within the time available for correction, we affirm. Section 440.25(4)(a), Florida Statutes; Sunland Hospital/State of Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982); Genuine Parts Company v. Morris, 409 So. 2d 156 (Fla. 1st DCA 1982); Acosta Roofing Company v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981).

AFFIRMED.

ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur. . The employer/carrier chose not to file a cross-appeal as pertains to the award of medical payments to Dr. Turke prior to July 23, 1976. Its failure to do so, however, did not preclude it from advancing reasons different than those given by the deputy to support that portion of the order appealed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

LeBRUNO Aluminum Co., Inc. v. Lane, 436 So. 2d 1039 (Fla. 1st DCA 1983)

…attempt during the twenty-day period before the order became final to seek the error’s correction. See § 440.25(4)(a), Fla.Stat. (1979); Acosta Roofing Company v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981); Mezquita v. Florida Steel Corporation, 419 So. 2d 675 (Fla. 1st DCA 1982). By going forward and presenting evidence in defense of the claim, the employer/carrier, I think, should be deemed to have elected to take its chances that the deputy might yet change his mind. The issue, which essentially seeks…
Izquierdo v. Volkswagen Interamericana, 450 So. 2d 602 (Fla. 1st DCA 1984)

…anted appellant’s motion for reconsideration, vacated the August 1 order, and entered the order sub judice. At no time did appellant bring this issue to the attention of the deputy commissioner. Therefore, we affirm. Mezquita v. Florida Steel Corp., 419 So. 2d 675 (Fla. 1st DCA 1982); Sunland Hospital/State of Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982). We also find that appellant has no standing to challenge the constitutionality of section 440.15(3)(b)3.d., Florida Statutes (1979). The order c…
Kennedy v. Marcona Ocean Indus. & Wausau Ins. Cos., 451 So. 2d 530 (Fla. 1st DCA 1984)

…that should have been awarded, the record reveals that the deputy’s failure to award penalties was never raised as error within the time available for correction. Section 440.25(4)(a), Florida Statutes (1978 Supp.); Mezquita v. Florida Steel Corp., 419 So. 2d 675 (Fla. 1st DCA 1982). Furthermore, penalties under section 440.20(5), Florida Statutes (1978 Supp.), are not applicable to payments of compensation for permanent disability. See Kuhle v. Kirk, 177 So. 2d [*532] 329 (Fla.1965). Accordingly, the deputy…

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Authorities Cited

Sunland Hospital/State OF Florida v. Garrett, 415 So. 2d 783 (Fla. 1st DCA 1982)
Acosta Roofing Co. & Lumbermens Mut. Cas. Co. v. Gussie Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981)
Genuine Parts Co. & Sentry Indem. Co. v. Morris, 409 So. 2d 156 (Fla. 1st DCA 1982)
DELTA Airlines & Emp'rs Ins. of Wausau v. Underwood, 406 So. 2d 1188 (Fla. 1st DCA 1981)

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JOSE L. MEZQUITA, APPELLANT, v. FLORIDA STEEL CORPORATION AND HARTFORD INSURANCE COMPANY, APPELLEES