G. F. G. JANITORIAL SERVICE AND LUMBERMENS MUTUAL CASUALTY COMPANY, APPELLANTS,
v.
CARMEN GONZALEZ AND DIVISION OF WORKERS' COMPENSATION, APPELLEES

Fla. 1st DCA | 1981-12-08
No. AB-237
ROBERT P. SMITH, Jr., C. J. and MILLS and SHIVERS, JJ., concur.
406 So. 2d 1245 Florida District Court of Appeal, First District (1981) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The employer/carrier appeal the deputy commissioner’s award of temporary total disability benefits, 5% permanent partial disability benefits, and medical bills for claimant’s phlebitis and low back injuries. We affirm the order except for the award of permanent partial disability benefits and payment of Dr. Lopez’ bill for treatment of claimant’s low back symptoms.

There is no medical evidence in the record which indicates claimant’s low back symptoms are causally related to her industrial accident and the deputy commissioner failed to make any finding that claimant’s back injury was, in fact, causally related. The only medical evidence indicating any degree of permanent disability was relative to claimant’s back symptoms. The award of permanent partial compensation and medical benefits for the back symptoms is therefore erroneous.

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

ROBERT P. SMITH, Jr., C. J. and MILLS and SHIVERS, JJ., concur.


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  • Vero Beach Care Ctr. & Associated Indus. of Fla. v. Ricks, 476 So. 2d 262 (Fla. 1st DCA 1985)
    …aints and her industrial accident, Mobley v. Fulford Van and Storage, 390 So. 2d 426 (Fla. 1st DCA 1980), since such a causal connection is necessary to trigger an E/C’s obligation to pay for medical treatment. G.F.G. Janitorial Service v. Gonzalez, 406 So. 2d 1245 (Fla. 1st DCA 1981). Secondly, and more importantly, we also agree with the E/C’s contention that the record below contains no competent, substantial evidence which would have supported a finding of causation, had the deputy made such a finding. Dr.…
  • Hynes v. Reisler Elec. & Nationwide Ins., 419 So. 2d 1184 (Fla. 1st DCA 1982)
    …acked knowledge of the status of claimant’s injury. The representation or misrepresentation was not made by the carrier but by a third party, the hospital. Cf. Engle v. Deerborne School, 226 So. 2d 681 (Fla.1969); Kellner v. F N D Enterprises, Inc., 406 So. 2d 1245 (Fla. 1st DCA 1981); and Pate v. Bay County School Board, IRC Order 2-3076 (December 9, 1976). Here there was no knowing, active acquiescence on the part of the carrier. For that reason, it should not be estopped from denying claimant benefits. Acc…

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