J.C. PENNEY COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLANTS,
v.
IRVING LEVINE, APPELLEE
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The court held that an award of medical expenses for late-filed reports may be affirmed even without a finding of good cause if the failure resulted from a confused legal or complex factual situation.
The claimant's injuries were discovered to be work-related during Dr. Penner's treatment. Dr. Penner failed to timely file medical reports for treatme…
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PER CURIAM.
The deputy commissioner’s order is affirmed except for that part which excuses the late filing of Dr. Penner’s medical reports for treatment, rendered after July 11, 1980.
The claimant was treated by several doctors prior to Dr. Penner, but during the latter’s treatment it was discovered that claimant’s injuries had been caused by his industrial accident. Ordinarily, the deputy must find that there was good cause for the failure to file timely medical reports, and that the failure did not result in prejudice to the employer/carrier. Cedars of Lebanon Health Care Center, Inc. v. Summerset, 409 So. 2d 185 (Fla. 1st DCA 1982); Section 440.13(1), F.S. However, where it is clear from the record on appeal that the failure to file Section 440.13(1) reports resulted from a confused legal situation or complex factual circumstances, an award of medical expenses will be affirmed in the absence of the requisite finding of good cause. Joy Footwear Corporation v. Folgueral, 409 So. 2d 188 (Fla. 1st DCA 1982); Exxon Company, U.S.A. v. Rodriguez, 410 So. 2d 571 (Fla. 1st DCA 1982).
Appellee properly concedes that no good cause existed for Dr. Penner’s failure to timely file reports after the compensable nature of the injury was discovered on July 11. Accordingly, the deputy’s order is reversed insofar as it requires the employer/carrier to pay for medical treatment rendered by Dr. Penner after that date for which reports were not timely filed, and in all other respects is affirmed.
AFFIRMED in part and REVERSED in part.
MILLS, LARRY G. SMITH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Loughan v. Slutz Seiberling Tire & Sentry Claims Serv., 483 So. 2d 1389 (Fla. 1st DCA 1986)…d no excuse for the failure to comply with the time requirements of Section 440.13(2)(b), Florida Statutes (1983). Loughan has not demonstrated any evidence of the existence of a complex legal and/or factual situation. See, J.C. Penny Co. v. Levine, 420 So. 2d 416 (Fla. 1st DCA 1982). Accordingly, we must affirm on this issue. ERVIN and WIGGINTON, JJ., concur.…
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Guardian Detective & Sec. Agency & Fla. Ins. Guar. Ass'n v. Schreyer, 489 So. 2d 1186 (Fla. 1st DCA 1986)…Summerset, 409 So. 2d 185 (Fla. 1st DCA 1982). Where it is clear that failure to file reports resulted from a confused legal situation or complex factual circumstances, the requisite finding of good cause is not necessary. J.C. Penney Co. v. Levine, 420 So. 2d 416 (Fla. 1st DCA 1982). We find no error in the deputy’s ruling on the hospital bill. The claimant, as well as the hospital, share the responsibility of the reporting requirements of section 440.13(1), Florida Statutes (1981). Broward Industrial Plati…
Authorities Cited
- Rita v. State, 409 So. 2d 185 (Fla. 1st DCA 1982)
- JOY Footwear Corp. & Md. Cas. Co. v. Ovidio Folgueral, 409 So. 2d 188 (Fla. 1st DCA 1982)
- The Landings, Ltd. v. Div. OF Fla. Land Sales & Condos., 410 So. 2d 571 (Fla. 1st DCA 1982)
- Exxon Co. v. Fidel Rodriguez, 410 So. 2d 571 (Fla. 1st DCA 1982)