MANNS JIFFY FOOD MART AND RGAF UNDERWRITERS, APPELLANTS,
v.
GLADYS O'NEIL, APPELLEE
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MILLS, Judge.
In the workers’ compensation order from which the employer/carrier appeal, the deputy commissioner required the employer/carrier to provide continuing remedial medical care to the claimant. In the same order, the deputy commissioner found the claimant had previously attained maximum medical improvement. Concurrent findings of maximum medical improvement and the necessity of continuing remedial care are erroneous as a matter of law. Florida Structures, Inc. v. Morton, 443 So. 2d 444 (Fla. 1st DCA 1984); Lake County Commissioners v. Walburn, 409 So. 2d 153 (Fla. 1st DCA 1982).
We decline to consider the other issues raised in the employer/carrier’s brief because the periods and classifications of benefits which those issues concern were not set out in the Notice of Appeal as required by Florida Workers’ Compensation Rule of Procedure 16(a).
That part of the order requiring continuing remedial medical care is reversed.
SHIVERS and WIGGINTON, JJ., concur.
MILLS, Judge.
Appellant moves for rehearing asserting the Amended Notice of Appeal adequately sets out the periods and classifications of benefits affected by the issues we declined to consider. We have reviewed the Amended Notice of Appeal and find it does not comply with Florida Workers’ Compensation Rule of Procedure 16(a).
The motion for rehearing is denied.
SHIVERS and WIGGINTON, JJ., concur.
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Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)…need therefor requires recognition of a change in MMI and reentry of temporary disability status, with or without eligibility for other benefits. Value Construction, Inc. v. Sauer, 465 So. 2d 631 (Fla. 1st DCA 1985); Manns Jiffy Food Mart v. O’Neil, 453 So. 2d 78 (Fla. 1st. DCA 1984); Lewis v. Town & Country Auto Body Shop, 447 So. 2d 403 (Fla. 1st DCA 1984). A claimant may, however, still be entitled to post-MMI palliative treatment for relief of symptoms arising from the compensable injury. Mount Sinai Med…
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Aguiar v. Doral Hotel & Country Club & Prof'l Administrators, 599 So. 2d 698 (Fla. 1st DCA 1992)…to consider issues raised on appeal as a result of an appellant/E/C’s failure to comply with the certification provisions of rule 4.160(a). See Super Eight Motels v. Drolshagen, 561 So. 2d 2 (Fla. 1st DCA 1990), and Manns Jiffy Food Mart v. O’Neil, 453 So. 2d 78 (Fla. 1st DCA 1984). Nevertheless, the brevity of these opinions makes it impossible to determine whether the appellees in those cases raised the issues by motions to dismiss or, as here, in their answer briefs. We do note, however, that the court s…
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VIC Lane Constr., Inc. v. Holland, 453 So. 2d 79 (Fla. 1st DCA 1984)…VERSED. MILLS and SHIVERS, JJ., concur. . It should also be kept in mind that, whatever medical treatment is sought by claimant, remedial medical care is not awardable following maximum medical improvement. Manns Jiffy Food Mart, et al. v. O'Neil, 453 So. 2d 78 (Fla. 1st DCA 1984).…
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- Lake Cnty. Comm'rs & U. S. Fid. & Guar. Co. v. Walburn, 409 So. 2d 153 (Fla. 1st DCA 1982)
- Fla. Structures, Inc. v. Hallie A. Morton, 443 So. 2d 444 (Fla. 1st DCA 1984)