EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY, APPELLANT,
v.
HERITAGE TITLE OF FT. WALTON BEACH, INC., AND MARILYN C. DUBOIS, N/K/A MARILYN UNGER AND COMMONWEALTH LAND TITLE INSURANCE COMPANY, APPELLEES

Fla. 1st DCA | 1990-03-07
No. 89-1346
BOOTH, THOMPSON and NIMMONS, JJ., concur.
557 So. 2d 246 Florida District Court of Appeal, First District (1990)

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Synopsis

The court affirmed the award of benefits and attorney's fees but reversed and remanded the issue of whether an acupuncturist is a statutory health care provider, finding that the employer was not obligated to pay for unauthorized acupuncture treatment.


Holding

The court reversed the finding that an acupuncturist is a statutory health care provider and remanded the case to determine if the employer was obligated to pay for the unauthorized acupuncture treatment.


Facts & Procedural History

Claimant Urban injured her back and received acupuncture treatment from Dr. Ou without prior authorization. The judge of compensation claims ordered p…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final judgment entered in this case. However, there is an oversight by the trial court which should be corrected on remand, an oversight raised by the appellant in the second issue on appeal. In its determination of the amount which appellant must pay under the subject errors and omissions policy, the trial court failed to take into consideration the deductible provision of the policy. We therefore remand for the entry of an amended final judgment in order to resolve the above oversight. Otherwise, we affirm.

BOOTH, THOMPSON and NIMMONS, JJ., concur.


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