Sewell Plastics, Inc. v. Jackson
| Decision Date | 25 August 1982 |
| Docket Number | No. AG-340,AG-340 |
| Citation | 418 So.2d 442 |
| Court | Florida District Court of Appeals |
| Parties | SEWELL PLASTICS, INC., Self Insured, Appellant, v. Hazel JACKSON, Appellee. |
Bernard J. Zimmerman and Michael M. O'Brien, of Akerman, Senterfitt & Eidson, Orlando, for appellant.
John F. Wilhelm, Orlando, for appellee.
In this appeal from a worker's compensation order appellant claims the deputy commissioner erred in determining that: the injury was compensable under the theory of exposure or repeated trauma; claimant gave her employer proper notice of the injury; there was a causal relationship between the industrial accident and the injury; attorneys fees were awardable; and employer should furnish claimant such medical care and attention as the nature of the injury and process of recovery may require.
The findings regarding compensability, causal relationship, notice, and attorneys fees are supported by competent substantial evidence, the correct legal standards having been applied, and we affirm as to them. As to the award of future medical care, however, the deputy erred because no claim for such benefits had been made either in the claim for benefits, the notice of hearing, or on the pre-trial stipulation sheet. At the start of the hearing, the deputy announced the issues which had been noticed for hearing; additional remedial care was not among them. See Austin Co. v. Lindenberger, 410 So.2d 601 (Fla. 1st DCA 1982); Goodyear Service Store v. Rockey, 382 So.2d 816, 817 (Fla. 1st DCA 1980). Although upon questioning by her attorney, and over objection of counsel for E/C, claimant testified that her hand still hurt and she would like to return to Dr. Bourguignon, there had been no claim for future remedial care such that the issue was properly noticed for resolution at that hearing. Therefore, the award of future remedial care is stricken from the order.
Claimant's motion for attorney's fees for appellate services is granted. Appellant shall pay to claimant's attorney a fee in the amount of $2,000.00, which we find to be a reasonable sum. Chapter 440, Florida Statutes (1979) contained no specific authorization for the award of appellate attorney's fees at the time that the injury occurred. However, this Court has previously determined that a fee is awardable pursuant to Section 59.46, Florida Statutes (1979) where an attorney's fee was awardable at the hearing level under Section 440.34(2)(a)-(c), Florida Statutes (1979). Jo...
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Regal Marine Industries v. Cappucci
...nutrition, weight reduction or work hardening programs. Accordingly, the award of such benefits was in error. Sewell Plastics, Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982). The self-insured employer also challenges the deputy's calculation of the claimant's average weekly wage (AWW) w......
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Village Inn Restaurant v. Aridi
...DC's award of future medical benefits must be reversed as the issue was not properly placed in controversy. Sewell Plastics, Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982); Central Oil Company v. Campen, 390 So.2d 191 (Fla. 1st DCA 1980). All involved parties must have notice of the iss......
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Prestressed Decking Corp. v. Medrano
...543 So.2d 778 (Fla. 1st DCA March 31, 1989); Allman v. Meredith Corp., 451 So.2d 957 (Fla. 1st DCA 1984); Sewell Plastics, Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982). Regarding the sixth issue, the record reflects that there was a controversy about paying Dr. Latterner's present bil......
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Kaplan Industries, Inc. v. Rowlett
...DCA 1981), or the prohibition against awarding benefits which are beyond the scope of the hearing. See e.g., Sewell Plastics Inc. v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982); Diplomat Hotel v. Grimes, 379 So.2d 1025 (Fla. 1st DCA 1980). It was error to award this unclaimed benefit, althou......