JANE S. BROWN, APPELLANT,
v.
BROWARD MINORITY BUILDERS COALITION, INC., AND KENT INSURANCE COMPANY, APPELLEES
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PER CURIAM.
This cause is before us on appeal from an order of the deputy commissioner denying compensability for claimant’s condition on the grounds that it preexisted the industrial accident and was not caused or aggravated by the accident. We affirm this determination as based on competent, substantial evidence on the record before us. We find, however, that the deputy erred in ruling on the carrier’s responsibility for payment of medical bills incurred by the claimant with Dr. Lusskin and Dr. Still-man, since these issues were beyond the agreed scope of the hearing. See Pompano Roofing Company v. O'Neal, 410 So. 2d 971 (Fla. 1st DCA 1982); Scott Smith Oldsmobile and Lynn Underwriting Company v. Edward Hoffard, 415 So. 2d 886, 1982 FLW 1441 (Fla. 1st DCA 1982); Leeds Shoes v. Cucuzza, 429 So. 2d 401 (Fla. 1st DCA 1983).
The order appealed is therefore amended so as to delete the language denying payment for medical treatment incurred by the claimant with Dr. Bret Lusskin and ordering the carrier to pay the bills of Dr. Arthur T. Stillman. We affirm on all other issues.
BOOTH, WIGGINTON and NIMMONS, JJ., concur.
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White-Wilson Med. Ctr. v. Dayta Consultants, Inc., 486 So. 2d 659 (Fla. 1st DCA 1986)…scope of their employment or as corporate officers or agents. This is so even if no argument is advanced that the corporate form should be disregarded. Adams v. Brickell Townhouse, 388 So. 2d 1279, 1280 (Fla. 3d DCA 1980). In McDaniel v. Sheffield, 431 So. 2d 230 (Fla. 1st DCA 1983) we held that officers of a corporation did not individually owe a duty to an employee who was shot and killed during an armed robbery where they were not in possession of the premises in their individual capacities. A corporate o…
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McELVEEN v. Peeler, 544 So. 2d 270 (Fla. 1st DCA 1989)…ommercial Bank & Trust Co., 425 So. 2d 636, 640 (Fla. 3d DCA 1983). “A corporate officer or agent must be alleged to have acted tortiously in his individual capacity in order to be individually liable.” White-Wilson at 661. In McDaniel v. Sheffield, 431 So. 2d 230 (Fla. 1st DCA 1983), this court held that where officers of a corporation were not individually in possession of a convenience store and gas station at the time an armed robber entered the premises and shot and killed an employee, the corporate offi…1 / 2
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Sullivan v. Atl. Fed. Sav. & Loan Ass'n, 454 So. 2d 52 (Fla. 4th DCA 1984)…suit of medical technologist who was allegedly raped and robbed in dormitory room which she rented from the hospital at which she was employed); see also Katchis v. Miami Heart Institute, Inc., 434 So. 2d 11 (Fla.3d DCA 1983); McDaniel v. Sheffield, 431 So. 2d 230 (Fla.1st DCA), petition for rev. denied, 440 So. 2d 352 (Fla.1983); Davis v. Sun First National Bank of Orlando, 408 So. 2d 608 (Fla. 5th DCA 1981), petition for rev. denied, 413 LSo. 2d 875 (Fla.1982) (upholding dismissal of negligence claim agains…
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- Pompano Roofing Co., Inc. v. O'Neal, 410 So. 2d 971 (Fla. 1st DCA 1982)
- Brewer v. Bible Christian Church, Inc., 415 So. 2d 886 (Fla. 1st DCA 1982)
- Leeds Shoes & Monarch Ins. Co. v. Cucuzza, 429 So. 2d 401 (Fla. 1st DCA 1983)