ARKIN BUILDING CORPORATION AND TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
FRANK MILLER, APPELLEE

Fla. 1st DCA | 1981-07-21
No. XX-124
McCORD and SHIVERS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.
401 So. 2d 874 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order of the deputy commissioner is affirmed except insofar as it requires the employer/carrier to reimburse claimant for medical expenses incurred and to pay outstanding medical bills. Appellant argues that claimant did not comply with the reporting requirements of Section 440.13, Florida Statutes, and the record does not indicate such compliance. The employer/carrier raised this issue below, and the deputy should have made findings regarding compliance with this requirement of the statute or excuse for noncompliance. See Broward Industrial Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981).

The order is REVERSED and REMANDED on this issue for further proceedings in light of this opinion. In all other respects, the order is AFFIRMED.

McCORD and SHIVERS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.


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  • Vannice Constr. Co. v. Silverman, 419 So. 2d 369 (Fla. 1st DCA 1982)
    …the reporting requirements of Section 440.13(1) were met, or if not, whether there-was an excuse for noncompliance.2 The deputy’s failure to make find [*371] ings in this respect requires reversal on this point. Arkin Building Corporation v. Miller, 401 So. 2d 874 (Fla. 1st DCA 1981). Finally, we construe paragraph five of the deputy’s order as requiring payment of claimant’s psychiatrist’s bill. This was error since the order does not set forth good cause for the psychiatrist’s failure to follow the reporti…
  • Cedars OF Lebanon Health Care Ctr., Inc. v. Summerset, 409 So. 2d 185 (Fla. 1st DCA 1982)
    …re these reporting requirements have not been satisfied. Broward Industrial Plating, Inc. v. Weiby, 394 So. 2d 1117 (Fla. 1st DCA 1981); Gory Associated Industries v. Thomas, 402 So. 2d 1341 (Fla. 1st DCA 1981); Arkin Building Corporation v. Miller, 401 So. 2d 874 (Fla. 1st DCA 1981); Walt Disney World Company v. Schiebel, 397 So. 2d 1004 (Fla. 1st DCA 1981); Olson v. Wagner, 390 So. 2d 1247 (Fla. 1st DCA 1980). On remand, the deputy commissioner must make specific findings on this issue, and in doing so, he…

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