Oolite Concrete Co. v. Carver, 31743
| Decision Date | 17 October 1962 |
| Docket Number | No. 31743,31743 |
| Parties | OOLITE CONCRETE COMPANY and New Amsterdam Casualty Company, Petitioners, v. Jessie CARVER and Florida Industrial Commission, Respondents. |
| Court | Florida Supreme Court |
Welsh, Cornell, Pyszka & Carlton and Gerald M. Walsh, Miami, for petitioners.
Lowenstein & Dunn, Robert E. Venney, Miami, Burnis T. Coleman and Patrick H. Mears, Tallahassee, for respondents.
Jessie Carver, respondent herein, in an order entered by the deputy commissioner, was awarded compensation for temporary total and permanent partial disability, reimbursement for medical treatment by Dr. O. Whitmore Burtner, payment of another doctor's bill for examination of claimant, further remedial care and attorneys' fees. The employer, Oolite Concrete Company, and its carrier, New Amsterdam Casualty Company, applied for review by the Florida Industrial Commission, which affirmed. The employer and carrier next petitioned this Court for its writ of certiorari to review the order of the commission.
Claimant suffered physical injury when blown into the air becauwe of an accidental discharge of dynamite. Petitioners accepted the injury as being compensable and furnished compensation benefits accordingly.
The deputy found that as a result of the accident claimant suffered a disabling anxiety complex. His claim for additional benefits was primarily predicated upon the anxiety complex rather than upon the physical injury and the deputy's award was correspondingly predicated.
Petitioners argue that the award was erroneous in that it was based upon 'fright' only, whereas Section 440.02(19), F.S.A., specifies that imjury due to 'fright or excitement only * * * shall be deemed not to be an injury by accident arising out of the employment.'
The commission correctly upheld the deputy in that respect. The ruling must be affirmed on the authority of Lyng v. Rao, Fla.1954, 72 So.2d 53; Moses v. R. H. Wright & Son, Inc., Fla.1956, 90 So.2d 330; and Watson v. Melman, Inc., Fla.App.1958, 106 So.2d 433, cert. den. Fla., 111 So.2d 40. As in the instant case, in each of those cases the disability for which compensation was awarded was mental, and in each instance some physical trauma or organic injury, although relatively minor, was suffered by the claimant in the compensable accident found to be responsible for the disabling mental condition.
We agree, however, with the petitioners as to their second point. They assail the action of the deputy in ordering them to reimburse claimant for expenses incurred in obtaining medical treatment by Dr. Burtner.
The deputy's order held that claimant was entitled to treatment by Dr. Burtner, the physician of his own choice, which finding is supported by competent substantial evidence. But the deputy also ruled that Dr. Burtner 'is hereby excused from filing the required reports' and it is with that ruling that we are concerned.
Under the provisions of Section 440.13(1), F.S.A., an employee who is found to be justified in receiving treatment from a physician of his own choosing rather than one furnished by the employer, is not entitled to payment of, or reimbursement for, the cost of medical treatment from such doctor, unless that doctor files certain medical reports with the...
To continue reading
Request your trial
-
City of Holmes Beach v. Grace
...where a claimant suffered an anxiety complex after he was blown into the air by an accidental discharge of dynamite. Oolite Concrete Co. v. Carver, 145 So.2d 733 (Fla.1962). In Carver, we pointed out that the claimant had suffered a physical injury in the accident, as required for compensat......
-
St. Francis Hospital, Inc. v. Feinberg
...carrier had no burden to discover who was treating the claimant and then insure that the physician file his reports. Oolite Concrete Company v. Carver, Fla., 145 So.2d 733. The order to pay all outstanding medical bills and drug bills is The third point asks in effect if there was competent......
-
Liberty Correctional Institute v. Yon, 94-3513
...v. Rao, 72 So.2d 53 (Fla.1954), and a claimant who was blown into the air by an accidental discharge of dynamite, Oolite Concrete Co. v. Carver, 145 So.2d 733 (Fla.1962). In Oolite Concrete Co. v. Carver, the supreme court also reviewed Watson, Moses, and Lyng and As in the instant case, in......
-
Polk Nursery Co., Inc. v. Riley
...compensable injury some physical trauma or organic injury, even if relatively minor, must be found to have occurred. Oolite Concrete Co. v. Carver, 145 So.2d 733 (Fla.1962); Prahl Brothers, Inc. v. Phillips, 429 So.2d 386 (1st DCA, The record in this case does not support a finding of compe......