RHONDA JACKSON, APPELLANT,
v.
DADE COUNTY SCHOOL BOARD AND GALLAGHER BASSETT INSURANCE SERVICE, APPELLEES
RHONDA JACKSON, APPELLANT,
DADE COUNTY SCHOOL BOARD AND GALLAGHER BASSETT INSURANCE SERVICE, APPELLEES
411 So. 2d 1033
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The claimant raises five issues on appeal, only one of which has merit. In denying the claim for continuing medical care, the deputy commissioner expressly relied on the report of a Dr. Antonio Prats. This report is not in the record, nor does the record show that it was admitted into evidence. The case must be remanded so that the deputy commissioner may determine whether Prats’ report should have been included and, if not, whether the medical evidence in the existing record supports the order. The denial of the claim for continued treatment is reversed and the cause remanded; all other portions of the order are affirmed.
MILLS, LARRY G. SMITH and SHAW, JJ., concur.
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Jackson v. Dade Cnty. Sch. Bd., 433 So. 2d 1367 (Fla. 1st DCA 1983)…which was cited in the DC’s order but omitted from the record on appeal, should have been included in the record and, if not, whether the medical evidence in the existing record was sufficient to support the order. Jackson v. Dade County School Bd., 411 So. 2d 1033 (Fla. 1st DCA 1982). The order of the DC was affirmed in all other respects, and this court denied claimant’s motion for attorney’s fees pursuant to section 440.34, Fla.Stat. (1979). No motion to tax costs was filed by claimant, and the opinion of t…