CITY OF MIAMI, APPELLANT,
v.
SIDNEY HARRIS, APPELLEE

Fla. 1st DCA | 1984-06-07
No. AV-265
MILLS and WIGGINTON, JJ., concur.
452 So. 2d 115 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 2 cases


Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

In this workers’ compensation case, the self-insured employer appeals the deputy commissioner’s order directing the employer to reimburse the claimant for the funds he expended in the purchase of a therapeutic hospital bed. The employer contends that the deputy improperly considered the terms of the contract entered into between the claimant’s union and the employer in determining the claimant’s entitlement to reimbursement. We disagree with the employer’s contention. See Housknecht v. City of Dania, IRC Order 2-3276 (1977), cert. den., 377 So. 2d 169 (Fla.1979); section 440.25(1), Florida Statutes (1978). Furthermore, we find that the bed was prescribed by an authorized, treating physician and was a reasonable and necessary medical expense. Compare Cedars of Lebanon Health Care v. Summerset, 409 So. 2d 185 (Fla. 1st DCA 1982). Accordingly, the deputy’s order is AFFIRMED in all respects.

MILLS and WIGGINTON, JJ., concur.


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  • Manz v. Manz, 518 So. 2d 392 (Fla. 1st DCA 1987)
    …reverse. The physical therapy undertaken by the claimant was prescribed by his authorized treating physician, Dr. Robert Jacobson, and was stated by Dr. Jacobson to be reasonable and necessary for the claimant’s condition. City of Miami v. Harris, 452 So. 2d 115 (Fla. 1st DCA 1984). This court’s March 11, 1987 order awarding attorney’s fees to the appellant is withdrawn. Instead, appellant’s motion is provisionally granted. In accordance with Sierra v. Sierra, 505 So. 2d 432 (Fla.1987), the parties are gr…

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