ORANGE COUNTY MEDICAL CLINIC AND ALEXSIS, APPELLANTS,
v.
JOYCE CAPPADONA, APPELLEE

Fla. 1st DCA | 1994-09-29
No. 93-2288
ERVIN, BARFIELD and WEBSTER, JJ., concur.
643 So. 2d 1146 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this workers’ compensation ease, the employer and servicing agent seek review of an order awarding claimant temporary total disability benefits for a one-week period, costs, interest, penalties and attorney fees; and directing that they pay for a medical examination to determine whether claimant was suffering from reflex sympathetic dystrophy. Our review of the record satisfies us that the awards of temporary total disability benefits and of costs, interest, penalties and attorney fees are supported by competent, substantial evidence. Accordingly, we affirm those portions of the order without further discussion. However, there was no suggestion from the medical evidence that an examination to determine whether claimant was suffering from reflex sympathetic dystrophy was necessary. Therefore, we reverse that portion of the order directing the employer and servicing agent to pay for such an examination. § 440.25(3)(d), Fla.Stat. (1991); Berry Corp. v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991).

AFFIRMED IN PART; and REVERSED IN PART.

ERVIN, BARFIELD and WEBSTER, JJ., concur.


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  • Wasa Int'l INS. Co. v. Hurtado, 749 So. 2d 579 (Fla. 3d DCA 2000)
    …he final judgment, the power to do so and may therefore vacate or modify the interlocutory rulings or orders of his predecessor in the case.” Tingle v. Dade County Bd. of County Commissioners, 245 So. 2d 76, 78 (Fla.1971); see also State v. Del Rey, 643 So. 2d 1146 (Fla. 3d DCA 1994). Because the trial judge here had not entered a final judgment in the case, she could modify her previous rulings and those of her predecessor. The trial court also had discretion to allow Mercedes Hurtado to point out and rely on…
  • State v. The Honorable Steve D. Levine, 655 So. 2d 1258 (Fla. 3d DCA 1995)
    …cuit court entered a waiver order under [*1259] section 39.052(2), Florida Statutes (1993), transferring a child, Del Rey, for criminal prosecution to the criminal division of the circuit court, where the action is now pending. See State v. Del Rey, 643 So. 2d 1146 (Fla. 3d DCA 1994). The juvenile has now filed a motion, purportedly under Florida Rule of Juvenile Procedure 8.140, to set aside the waiver order on grounds that it was procured by fraud or misrepresentation. The particular juvenile division circui…
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    …the disability or need for treatment.” § 440.09(l)(b), Fla. Stat. (2001). Because the JCC’s finding is not supported by competent and substantial evidence, we must reverse the award of a RSD evaluation. See Orange County Medical Clinic v. Cappadona, 643 So. 2d 1146 (Fla. 1st DCA 1994)(reversing award of an examination because there was no suggestion from the medical evidence that an examination to determine whether claimant was suffering from reflex sympathetic dystrophy was necessary). In addition, we revers…

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