BURROUGHS CORPORATION, AND TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
FRANK GLOVER, APPELLEE

Fla. 1st DCA | 1986-05-13
No. BH-193
ZEHMER and BARFIELD, JJ., concur.
488 So. 2d 620 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the award of temporary total disability benefits after April 25, 1984, and the award of medical expenses were unsupported by evidence.


Facts & Procedural History

The employer/carrier appealed an order awarding the claimant temporary total disability benefits and medical expenses. The claimant's physician releas…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
NIMMONS, Judge.

NIMMONS, Judge.

The employer/carrier appeal an order of the deputy commissioner awarding claimant temporary total disability benefits, remedial medical attention, medical expenses, and attorney’s fees. We affirm in part and reverse in part.

Five issues have been raised on this appeal, only two of which merit discussion. These two issues concern the award of temporary total disability benefits and the award of medical expenses.

The deputy awarded temporary total disability benefits to claimant from January 8, 1984 to the date of the order, May 23, 1985. While we find that there is competent substantial evidence to support an award of temporary total disability benefits from January 8, 1984 to April 25, 1984, the evidence is insufficient to support the award after April 25, 1984. Claimant’s physician stated in a report dated April 25, 1984 that the claimant could resume working. Further, the claimant testified that during an April 1984 visit with his physician he was informed that he was released to work. Claimant also admitted that after obtaining this information he did not perform any type of a job search. The award of temporary total disability benefits from April 25, 1984 to May 23, 1985 is therefore Reversed.

The deputy also erred in awarding claimant medical expenses. In the present case no medical bills were introduced into evidence. This court has repeatedly held that it is error to award medical expenses when the medical bills are not placed into evidence. Leonard M. King Pest Control v. Dixon, 474 So. 2d 12 (Fla. 1st DCA 1985); Jung v. City of Sarasota, 457 So. 2d 577 (Fla. 1st DCA 1984). The award of medical expenses is therefore reversed and the case is remanded with directions to reconsider such portion of the claim upon proper proof of medical bills.

We have examined the other points raised by the employer/carrier and find them to be without merit.

AFFIRMED in part, REVERSED in part, and REMANDED.

ZEHMER and BARFIELD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Martin Marietta Corp. & Scott Wetzel Servs. v. Glumb, 523 So. 2d 1190 (Fla. 1st DCA 1988)
    …o Regional Medical Center. Generally, an order directing payment of medical bills is improper unless the medical bills are placed in evidence or there is clear and unequivocal testimony as to the amount of the bills. Burroughs Corporation v. Glover, 488 So. 2d 620 (Fla. 1st DCA 1986); Leonard M. King Pest Control v. Dixon, 474 So. 2d 12 (Fla. 1st DCA 1985); Jung v. City of Sarasota, 457 So. 2d 577 (Fla. 1st DCA 1984). Recovery for medical bills is not precluded, however, where the record establishes the causa…
  • Romero v. Waterproofing Sys. OF Miami & Kemper Ins. Grp., 491 So. 2d 600 (Fla. 1st DCA 1986)
    …d 174 (Fla. 1st DCA 1981). The most convincing medical evidence, however, regarding Romero’s ability to work was Dr. Gilbert’s testimony that Romero could continue to work but under minimally restrictive circumstances. See Burroughs Corp. v. Glover, 488 So. 2d 620 (Fla. 1st DCA 1986). Moreover, in order to be entitled to temporary total disability benefits, a claimant must show, in the absence of medical evidence demonstrating an inability to work, that he engaged in a bona fide but unsuccessful search for wo…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw