Rappoport v. American Hospital, ZZ-250.

Decision Date08 December 1981
Docket NumberNo. ZZ-250.,ZZ-250.
Citation406 So.2d 1244
PartiesCornelia RAPPOPORT, Appellant, v. AMERICAN HOSPITAL and Risk Corporation of Florida, Appellees.
CourtFlorida District Court of Appeals

Robert H. Gregory, Miami, for appellant.

David R. Howland of Ress, Gomez, Rosenberg & Howland, P.A., North Miami, for appellees.

PER CURIAM.

The appellant (claimant) was an LPN at the employer hospital. The claimant experienced some pain which she attributes to her lifting heavy patients. After hearing the claimant's testimony and considering somewhat contradictory histories given by the claimant to her physicians the Deputy Commissioner found no compensable accident.

Ordinarily such a finding, if supported by the record evidence, will not be upset on appeal. However in this case there was a 284 day interval between hearing and entry of an order. In a case like this, where the chief issue is the credibility of the claimant, we feel that the delay was excessive. We therefore reverse the order below and remand for a de novo hearing.

In doing so we are aware of the cases in which our Supreme Court has held the 30 day period of Florida Statutes § 440.25(3)(b) to be directory only. In Scottie-Craft Boat Corp. v. Smith, 336 So.2d 1150 (Fla. 1976), and in Miller v. Oolite Industries, Inc., 336 So.2d 1152 (Fla. 1976), the Supreme Court held that delays of 250 days and 18 months respectively did not require reversal. As noted in a special concurrence by Justice England to Scottie-Craft, joined by two of the four majority votes, those decisions left the IRC discretion to find some orders "stale." If the Commission found that the fact...

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11 cases
  • Mitchell v. Metro Dade, 1D00-2341.
    • United States
    • Florida District Court of Appeals
    • June 18, 2001
    ...(Fla. 1st DCA 1988); Maddox v. Rinaldi's Expressway Lanes, 459 So.2d 421, 422 & n. 1 (Fla. 1st DCA 1984); Rappoport v. American Hosp., 406 So.2d 1244, 1245 (Fla. 1st DCA 1981). See also Frazier v. Bay County, 781 So.2d 464, 464 (Fla. 1st DCA 2001); Hatcher v. St. Joe Paper Co., 603 So.2d 65......
  • Parker v. Sugar Cane Growers Co-op, CO-OP and N
    • United States
    • Florida District Court of Appeals
    • March 9, 1992
    ... ... See Rappoport ... v. American Hosp., 406 So.2d 1244, 1245 (Fla. 1st DCA 1981), review ... ...
  • Palmieri v. NAACO, 95-1761
    • United States
    • Florida District Court of Appeals
    • July 29, 1996
    ...decision below was based upon the transcript. In our opinion the interests of justice require a new hearing. Rappoport v. American Hosp., 406 So.2d 1244, 1244-45 (Fla. 1st DCA 1981), review denied, 413 So.2d 875 (Fla.1982); see also Harrington v. Vida Appliance Corp., 542 So.2d 1006, 1007 (......
  • Capo v. State, WW-492.
    • United States
    • Florida District Court of Appeals
    • January 7, 1982
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