Loughan v. Slutz Seiberling Tire and Sentry Claims Service, BF-418
| Decision Date | 11 March 1986 |
| Docket Number | No. BF-418,BF-418 |
| Citation | 483 So.2d 1389,11 Fla. L. Weekly 611 |
| Parties | 11 Fla. L. Weekly 611 John LOUGHAN, Appellant, v. SLUTZ SEIBERLING TIRE AND SENTRY CLAIMS SERVICE, Appellee. |
| Court | Florida District Court of Appeals |
Jonathan M. Sabghir of Butler & Pettit, P.A., Ft. Lauderdale, for appellant.
Maura A. Barry of Miller, Hodges, Kagan & Chait, P.A., Deerfield Beach, for appellee.
In this workers' compensation case, Loughan appeals from an order denying reimbursement of medical expenses. He contends that the deputy commissioner erred in rejecting the medical testimony presented on the issue of causation relating to his shoulder injury, and further erred in failing to excuse the late filing of medical bills relating to his back surgery. We affirm in part and reverse in part.
Loughan was working as a tire mechanic for the employer on 27 July 1974 when a tire rim exploded and struck him across the forehead, fracturing his skull. A severe head injury was sustained and a craniectomy had to be performed. In addition, Loughan suffered repeated "grand mal" seizures from 1974 through 1978 as a result of his head injury. These seizures were very violent and caused more injury to Loughan, including a broken collarbone and kneecap.
In December of 1980, Loughan, who was suffering from back pain, was referred to Dr. Edward Genovese, an orthopedic surgeon, by his then attorney of record. Dr. Genovese discovered the presence of a herniated disc and performed surgery in March 1981. It was not until this surgery was performed that Dr. Genovese realized that Loughan's disc problem was the result of a "grand mal" seizure induced by his compensable head injury. However, Loughan did not discover Dr. Genovese's opinion as to the causal relationship between his head and back injury until December of 1981. This transpired during the deposition of the doctor taken in connection with Loughan's third party action against Firestone Tire and Rubber Company. Loughan's attorney at that time did not file a claim for reimbursement of Dr. Genovese's services with the employer until 16 December 1982.
In October of 1984, Loughan sought treatment from Dr. Alvin Stein for back, neck and shoulder problems he was experiencing. Dr. Stein attempted to obtain authorization from the employer during Loughan's initial consultation with him, but this was denied. The doctor diagnosed shoulder bursitis, cervical arthralgia and lumbar inflammation, all of which he related to Loughan's industrial accident.
In his order, the deputy found that while Dr. Stein's treatment of Loughan's back and neck was the responsibility of the employer, the shoulder bursitis was not causally...
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...medical testimony of claimant's expert witness, without a reasonable explanation. Calleyro, 504 So.2d at 1337; Loughan v. Slutz Seiberling Tire, 483 So.2d 1389 (Fla. 1st DCA 1986). Consequently, "where the testimony and evidence at a hearing are uncontradicted, a finding contrary to the wei......
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