FLORIDA REFRIGERATED SERVICE AND RTC TRANSPORTATION, INC., APPELLANTS,
v.
SUSIE B. MEEKS, APPELLEE

Fla. 1st DCA | 1985-06-12
No. BA-263
NIMMONS and ZEHMER, JJ., concur.
470 So. 2d 820 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 6 cases

Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

We find no error in the compensation award appealed except for alleged ambiguity in the order that appellant shall:

Pay the medical bills incurred for treatment of the injury according to the medical fee schedule.

Appellee stipulates on appeal that all “medical bills have been paid by other sources and no claim is made for them” except for Lakeland General Hospital statements in evidence and Watson Clinic records previously provided to carrier. Our cases establish the carrier’s right to have an award limited to medical bills in evidence, or otherwise identified with particularity, in the record, Decks, Inc. of Florida v. Wright, 389 So. 2d 1074 (Fla. 1st DCA 1980); and cf., Station Managers, Inc. v. Grover, 471 So. 2d 118 (Fla. 1st DCA 1985). We note, however, that the issues were clearly susceptible of clarification by specific objection before the deputy either at the hearing or after entry of the order. Failure to do so should foreclose appellate argument on the point.

Affirmed.

NIMMONS and ZEHMER, JJ., concur.


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  • Deana B. Jellison v. Dixie S. Indus., Inc., 857 So. 2d 365 (Fla. 1st DCA 2003)
    …bjection concerning the content of the proposed final order or the procedure being utilized should have first [*367] been presented to the JCC. See Wal-Mart Stores, Inc. v. Lopez, 742 So. 2d 301 (Fla. 1st DCA 1998); Fla. Refrigerated Serv. v. Meeks, 470 So. 2d 820 (Fla. 1st DCA 1985). Appellant argues that there was no opportunity to object. We find this argument without merit. A motion addressed to the timely issuance of an order or a written objection could have been filed at any time. When the letter was…
  • …itted to the carrier for payment and an additional final hearing would be set if further controversy existed. The medical bills are neither contained in the record nor identified with particularity therein. See Florida Refrigerated Service v. Meeks, 470 So. 2d 820 (Fla. 1st DCA 1985). In his order, the deputy recognized that the medical bills themselves were not at issue in this case. Nevertheless, in the decretal portion, he ordered the employer/carrier to: “2. Pay the medical bills of the claimant for treat…
  • …issue because of his failure to attempt to have the deputy’s erroneous action rectified within the 30-day period before the order became final under Section 440.-25(4)(a), Florida Statutes (1985). Compare e.g. Florida Refrigerated Service v. Meeks, 470 So. 2d 820 (Fla. 1st DCA 1985); Acosta Roofing Company v. Gillyard, 402 So. 2d 1321 (Fla. 1st DCA 1981). In view of the need for reversal on the above ground, we do not address appellant's other ground in which he challenges the deputy’s finding that appella…

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