Mt. Sinai Medical Center v. Samuels, No. AU-476

CourtCourt of Appeal of Florida (US)
Writing for the CourtWIGGINTON
Citation453 So.2d 81
PartiesMT. SINAI MEDICAL CENTER and All Risk Corp. of Florida, Appellants/Cross-Appellees, v. Mamie SAMUELS, Appellee/Cross-Appellant, and Division of Workers' Compensation, Appellee.
Docket NumberNo. AU-476
Decision Date31 May 1984

Page 81

453 So.2d 81
MT. SINAI MEDICAL CENTER and All Risk Corp. of Florida, Appellants/Cross-Appellees,
v.
Mamie SAMUELS, Appellee/Cross-Appellant,
and
Division of Workers' Compensation, Appellee.
No. AU-476.
District Court of Appeal of Florida,
First District.
May 31, 1984.
Rehearing Denied July 6, 1984.

Mary Ann Stiles, of Mary Ann Stiles, P.A., Tampa, and John F. McMath, of John F. McMath, P.A., Miami, for appellants/cross-appellees.

Jay M. Levy, of Hershoff & Levy, Miami, for appellee/cross-appellant, Mamie Samuels.

No appearance for appellee Div. of Workers' Compensation.

WIGGINTON, Judge.

The employer/carrier appeal and the claimant cross-appeals the deputy commissioner's order awarding temporary and permanent disability benefits, and related interest and costs, but denying payment of claimant's medical bills. We affirm in part and reverse in part.

Initially, we reverse the award of temporary partial disability benefits for the period beginning February 2, 1982, and ending June 22, 1982. The record is devoid of competent evidence of a work search during this period, and a good faith work search is essential to an award of TPD benefits. Eastside Bait & Tackle v. Humphrey, 440 So.2d 41 (Fla. 1st DCA 1983). Accordingly, the award of interest based on those benefits for that period is also reversed.

We affirm the remaining awards of temporary total, temporary partial, and permanent total disability benefits. Substantial, competent evidence supports these awards, in light of claimant's restrictions, limitations, and surgery which was shown to be causally related to her industrial injury.

Page 82

Interest and costs based on these benefits similarly stand affirmed.

Finally, we reverse the deputy's denial of claimant's request for the employer/carrier's payment of her medical bills. Although the medical bills were proffered at the hearing, the deputy sustained the employer/carrier's objection to their introduction on the basis that the bills had not been "substantiated" by the claimant, and did not conform to the statutory medical fee schedule. In so doing, the deputy erred. Claimant testified at the hearing that she had received the bills; claimant's treating physician testified at his deposition as to the amount of the bills. Whether the bills correspond to the fee schedule is immaterial, as that matter will be handled administratively under section 440.13(3)(a), Florida Statutes (1981), allowing for the health care provider to be...

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5 practice notes
  • Sun Bank/South Florida, N.A. v. Baker, No. 92-0867
    • United States
    • Court of Appeal of Florida (US)
    • February 23, 1994
    ...to administrative rules. R.E. Ledford Constr. Co. v. King, 381 So.2d 330, 332 (Fla. 1st DCA 1980); Mt. Sinai Medical Ctr. v. Samuels, 453 So.2d 81 (Fla. 1st DCA 6 Fortune Insurance Co. v. Figueroa, 597 So.2d 435, 436 (Fla. 3d DCA), rev. denied, 605 So.2d 1263 (Fla.1992), contains language i......
  • Mt. Sinai Medical Center v. Samuels, No. AX-10
    • United States
    • Florida District Court of Appeals
    • July 3, 1984
    ...not entitled to temporary partial disability benefits during one particular period of the award. See Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA 1984). Thus, the total benefits received by claimant through the diligence of her attorney are now somewhat reduced; and, as o......
  • Atlantic Foundation v. Gurlacz, No. 91-435
    • United States
    • Court of Appeal of Florida (US)
    • May 9, 1991
    ...So.2d 1001 (Fla. 1st DCA 1989); Long Grove Builders v. Haun, 508 So.2d 476 (Fla. 1st DCA 1987); and Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA Respondent Lovaas opposes the petition, arguing first that prohibition is an inappropriate remedy to obtain review of an order ......
  • Department of Health and Rehabilitation, Div. of Risk Management v. Lucas, No. BA-132
    • United States
    • Court of Appeal of Florida (US)
    • April 15, 1985
    ...are to be paid in accordance with the medical fee schedule. § 440.13(3)(a), Florida Statutes (1981); Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA 1984). Claimant also agrees with the position taken by the employer and carrier on point three, i.e., that the attorney's fee ......
  • Request a trial to view additional results
5 cases
  • Sun Bank/South Florida, N.A. v. Baker, No. 92-0867
    • United States
    • Court of Appeal of Florida (US)
    • February 23, 1994
    ...to administrative rules. R.E. Ledford Constr. Co. v. King, 381 So.2d 330, 332 (Fla. 1st DCA 1980); Mt. Sinai Medical Ctr. v. Samuels, 453 So.2d 81 (Fla. 1st DCA 6 Fortune Insurance Co. v. Figueroa, 597 So.2d 435, 436 (Fla. 3d DCA), rev. denied, 605 So.2d 1263 (Fla.1992), contains language i......
  • Mt. Sinai Medical Center v. Samuels, No. AX-10
    • United States
    • Florida District Court of Appeals
    • July 3, 1984
    ...not entitled to temporary partial disability benefits during one particular period of the award. See Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA 1984). Thus, the total benefits received by claimant through the diligence of her attorney are now somewhat reduced; and, as o......
  • Atlantic Foundation v. Gurlacz, No. 91-435
    • United States
    • Court of Appeal of Florida (US)
    • May 9, 1991
    ...So.2d 1001 (Fla. 1st DCA 1989); Long Grove Builders v. Haun, 508 So.2d 476 (Fla. 1st DCA 1987); and Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA Respondent Lovaas opposes the petition, arguing first that prohibition is an inappropriate remedy to obtain review of an order ......
  • Department of Health and Rehabilitation, Div. of Risk Management v. Lucas, No. BA-132
    • United States
    • Court of Appeal of Florida (US)
    • April 15, 1985
    ...are to be paid in accordance with the medical fee schedule. § 440.13(3)(a), Florida Statutes (1981); Mt. Sinai Medical Center v. Samuels, 453 So.2d 81 (Fla. 1st DCA 1984). Claimant also agrees with the position taken by the employer and carrier on point three, i.e., that the attorney's fee ......
  • Request a trial to view additional results

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