ORKIN PEST CONTROL (ROLLINS, INC.) AND UNDERWRITERS ADJUSTING CO., APPELLANTS,
v.
REX DYKES, APPELLEE
ORKIN PEST CONTROL (ROLLINS, INC.) AND UNDERWRITERS ADJUSTING CO., APPELLANTS,
REX DYKES, APPELLEE
464 So. 2d 1299
Florida District Court of Appeal, First District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The order is affirmed with one modification. Paragraph 3 of the decretal portion of the order is modified to read:
Pay the claimant’s medical bills incurred with Leesburg Regional Medical Center, Kenneth W. Thompson, M.D., and George Mathew, M.D., “leaving to the parties the settling of any differences they may have regarding any contractual rights that may exist among the parties involved.” White v. Bell Fruit Co., 4 F.C.R. 382, 384 (1961).
It is “not proper to direct the employer to pay directly persons or entities which had paid for the care but were not actually before the deputy.” Greynolds Park Manor v. George, 417 So. 2d 990, 991 (Fla. 1st DCA 1982).
MILLS, JOANOS and BARFIELD, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nova Se. Univ. v. Majnerich, 953 So. 2d 715 (Fla. 1st DCA 2007)…direct the employer to pay directly persons or entities which had paid for the care but were not actually before the deputy.”); see also Orlando Reg’l Healthcare Sys. v. Hurst, 763 So. 2d 1243, 1244 (Fla. 1st DCA 2000); Orkin Pest Control v. Dykes, 464 So. 2d 1299, 1300 (Fla. 1st DCA 1985). Accordingly, we modify the order on review to require payment to the claimant. See Greynolds Park, 417 So. 2d at 992 (on pets, for reh’g & clarification) (“Our decision does not mean that employer/carrier is temporarily…
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Ngozi Ekechi v. First America/First Student & Gallagher Bassett Servs., Inc., 49 So. 3d 335 (Fla. 1st DCA 2010)…FIRM the order as modified. See Lawrence v. Aquarius Sales & Serv., Inc., 30 So. 3d 690 (Fla. 1st DCA 2010) (modifying order by striking JCC’s findings on issue not pled below, and affirming as modified); Orkin Pest Control (Rollins, Inc.) v. Dykes, 464 So. 2d 1299, 1300 (Fla. 1st DCA 1985) (modifying and affirming order of deputy commissioner where commissioner granted remedy to parties not “actually before” him). WOLF, KAHN, and WEBSTER, JJ., concur.…
Authorities Cited
- Greynolds Park Manor & R. P. Hewitt & Assocs. of Fla., Inc. v. Lovie George, 417 So. 2d 990 (Fla. 1st DCA 1982)