PROGRESS DRILLING, INC. AND HIGHLANDS INSURANCE CO., APPELLANTS,
v.
RODNEY FUSSELL, APPELLEE

Fla. 1st DCA | 1979-12-03
No. QQ-45
ROBERT P. SMITH, Jr., Acting C. J., and SHAW and WENTWORTH, JJ., concur.
377 So. 2d 56 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer/carrier appeals a worker’s compensation order which we hereby affirm except as to the award of medical costs for surgery performed by Dr. Brown. The record reveals no authorization of Dr. Brown as a treating physician, nor any request that the employer/carrier provide such treatment. The award of such medical expense is therefore in error. MJM Construction Co. v. Roberts, IRC Order 2-3387 (March 31, 1978).

Accordingly, the order is affirmed in part and reversed in part.

ROBERT P. SMITH, Jr., Acting C. J., and SHAW and WENTWORTH, JJ., concur.


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  • Am. Paper Chem. Prods. v. Bright, 389 So. 2d 705 (Fla. 1st DCA 1980)
    …on order which we affirm except insofar as the award of 8% interest applies to delinquencies which accrued prior to July 1, 1978; interest on such delinquencies is properly awarded at a rate of 6%. Miami-Dade Water and Sewer Authority v. Caravasios, 377 So. 2d 56 (Fla. 1st DCA 1979); § 55.03(1), Florida Statutes. As to-delinquencies accruing on or after July 1, 1978, interest is properly awarded at a rate of 12%. Myers v. Carr Construction Co., 387 So. 2d 417 (Fla. 1st DCA, 1980); § 440.20(7), Florida Stat…
  • Mercy Hosp. & Underwriters Adjusting Co. v. Dodson, 382 So. 2d 817 (Fla. 1st DCA 1980)
    …date on which the benefits in question accrued or became due, we conclude the facts and argument by the parties will permit no higher rate. § 55.-03(1), Florida Statutes; § 687.01, Florida Statutes; Miami-Dade Water & Sewer Authority v. Caravasios, 377 So. 2d 56 (Fla.lst DCA 1979); Parker v. Brinson Construction Co., 78 So. 2d 873 (Fla.1955). As to interest, if any, on benefits accruing after July 1,1978, which is the effective date of § 440.20(9), Florida Statutes, appellee here (as in Miami-Dade Water &…
  • Fcci Mut. Ins. Co. & Interlachen Country Club v. Schnupp, 697 So. 2d 1234 (Fla. 1st DCA 1997)
    …. 1st DCA 1982)(holding claimant not entitled to reimbursement for cost of back surgery performed by physician who knew he had not been authorized); Mt. Sinai Med. Ctr. v. Lack, 381 So. 2d 304 (Fla. 1st DCA 1980); Progress Drilling, Inc. v. Fussell, 377 So. 2d 56 (Fla. 1st DCA 1979)(reversing award of benefits for surgery when there was no request that employer provide surgery and surgeon was not authorized as treating physician). Under current law, when the employer “fails to provide treatment or care ...…

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