HORACE CASON, APPELLANT,
v.
ALACHUA BUILDERS AND SELF-INSURED SERVICES, APPELLEES
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The appellate court reversed a summary judgment that awarded group insurance benefits, finding that the medical condition manifested after the policy's effective date and was not excluded by the pre-existing condition clause.
The court held that the medical condition did not manifest itself prior to the policy's effective date, and therefore the pre-existing condition exclusion did not apply, entitling the appellees to benefits.
The insured's wife incurred significant medical expenses for bleeding esophageal varices. The insurance company denied the claim, asserting the condit…
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PER CURIAM.
We reverse the deputy commissioner’s order awarding claimant’s attorney $2,713.39 because the order does not contain sufficient factual findings for appellate review nor does it adequately explain how the criteria set forth in Lee Engineering & Construction Company v. Fellows, 209 So. 2d 454 (Fla.1968), were applied. School Board of Collier County v. Salter, 457 So. 2d 1132 (Fla. 1st DCA 1984); Commercial Carrier Corp. v. Porter, 452 So. 2d 125 (Fla. 1st DCA 1984); and Department of Health and Rehabilitative Services/Division of Blind Services v. Bean, 435 So. 2d 967 (Fla. 1st DCA 1983).
Accordingly, the order appealed from is reversed and remanded for further proceedings consistent herewith.
ERVIN, C.J., and BOOTH and THOMPSON, JJ., concur.
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Cherri J. Greene v. Maharaja OF India, Inc., 558 So. 2d 461 (Fla. 1st DCA 1990)…y used a two percent, rather than a four percent discount factor to reduce further medical benefits to present value. Locke v. Rooney, 508 So. 2d 467 (Fla. 1st DCA 1987); Department of Health and Rehabilitation, Division of Risk Management v. Lucas, 466 So. 2d 1269 (Fla. 1st DCA 1985). The JCC concluded the amount in controversy for the purpose of determining an attorney’s fee was $320,000.00. He specifically accepted the expert testimony of Douglas Brown as “more convincing and realistic,” but added an additi…
Authorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- The Sch. Bd. OF Collier Cnty. v. Salter, 457 So. 2d 1132 (Fla. 1st DCA 1984)
- Dep't OF Health & Rehabilitative Service/Division OF Blind Servs. & Div. of Risk Mgmt. v. Bean, 435 So. 2d 967 (Fla. 1st DCA 1983)
- Commercial Carrier Corp. v. Elliott L. Porter, 452 So. 2d 125 (Fla. 1st DCA 1984)