HEATH & COMPANY (FISCHBACH CORPORATION) AND THE TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
WILLIAM GREIFZU (SIEBER), APPELLEE
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In this workers' compensation case, the appellate court affirmed the award of temporary total disability benefits to the claimant but reversed and remanded regarding payment for unauthorized psychiatric services, requiring the trial court to make an express finding of good cause for the psychiatrist's failure to timely report to the employer and carrier as required by statute.
The court affirmed the award of temporary total disability benefits but reversed and remanded the decision regarding psychiatric services. The trial court must make an express determination of good cause to excuse the failure to timely file required reports and determine whether any prejudice resulted to the employer and carrier.
[1] An award of temporary total disability benefits will be affirmed if supported by competent substantial evidence in the record.
[2] A health care provider may be excused from the statutory requirement of timely reporting to an employer or carrier upon a showing of good cause.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A health care provider may, however, be excused from non-compliance with this statutory requirement upon a showing of "good cause."”
Establishes the legal standard allowing excusal from reporting requirements in workers' compensation cases.
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Join FLexlaw to unlock all legal intelligenceWilliam Greifzu was injured and entitled to workers' compensation benefits. Dr. Lakdawala, a psychiatrist, treated claimant on nine occasions between …
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ZEHMER, Judge.
In this workers’ compensation case the employer, Heath & Company, and the carrier, The Travelers Insurance Company, have appealed the award of temporary total disability benefits to claimant William Greif-zu.
There is competent substantial evidence in the record to support the award of benefits, and we affirm that point without discussion.
Appellants also argue that the deputy commissioner erred in ordering payment for the unauthorized services of the psychiatrist, Dr. Lakdawala. Dr. Lakdawala saw claimant on nine occasions between November 20, 1987 and January 25, 1988, but failed to timely report to the employer or carrier his evaluation and treatment of claimant as required by section 440.13, Florida Statutes. A health care provider may, however, be excused from non-compliance with this statutory requirement upon a showing of “good cause.” Section 440.-13(2)(b), Florida Statutes (1987). In enforcing this provision, we have required the deputy commissioner to make a finding of good cause where a failure to report is excused. Fuchs Baking Company v. Estate of Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985), Vannice Construction Company v. Silverman, 419 So. 2d 369 (Fla. 1st DCA 1982), Cedars of Lebanon Health Care Center, Inc. v. Summerset, 409 So. 2d 185 (Fla. 1st DCA 1982). The record contains competent, substantial evidence to support the deputy’s finding that the services of Dr. Lakdawala were reasonably necessary and that he should be paid therefor. However, claimant concedes that we should reverse and remand for an express determination of good cause to excuse the failure to timely file the required reports and the prejudice, if any, to the employer and carrier as a result thereof, and we agree.
REVERSED AND REMANDED.
WENTWORTH and NIMMONS, JJ., concur.
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PAN Am. Hosp. & Sedgwick James of Fla. v. Noemi Fleitas, 645 So. 2d 1033 (Fla. 1st DCA 1994)…use the failure of a physician to furnish such reports. § 440.13(2)(d), Fla.Stat. (1991). In cases involving this statutory provision, this court has required the JCC to find good cause where the failure to report is excused. Heath & Co. v. Greifzu, 545 So. 2d 959 (Fla. 1st DCA 1989); Vannice Const. Co. v. Silverman, 419 So. 2d 369 (Fla. 1st DCA 1982). Here, the JCC failed to address the issue of good cause. Therefore, we reverse and remand for the JCC to address this issue. To summarize, we remand for a det…
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Venice Nursing Pavilion & United Self Insured Servs. v. Walchle, 637 So. 2d 996 (Fla. 1st DCA 1994)…e statute also allows the JCC to excuse for good cause the failure of a physician to furnish such reports. In such cases, this court has required the JCC to make a finding of good cause where the failure to report is excused. Heath & Co. v. Greifzu, 545 So. 2d 959 (Fla. 1st DCA 1989); Vannice Const. Co. v. Silverman, 419 So. 2d 369 (Fla. 1st DCA 1982). Therefore, we reverse and remand for the JCC to determine whether any medical bills from the November 1991 surgery were untimely filed and if so whether there…
Authorities Cited
- Fuchs Baking Co. & Emp'r's Serv. Corp. v. Est. of Francis Szlosek, 466 So. 2d 415 (Fla. 1st DCA 1985)
- Rita v. State, 409 So. 2d 185 (Fla. 1st DCA 1982)
- Vannice Constr. Co. v. Silverman, 419 So. 2d 369 (Fla. 1st DCA 1982)