Tropicana Products, Inc. v. Gunther
| Decision Date | 17 October 1994 |
| Docket Number | No. 93-2021,93-2021 |
| Citation | 643 So.2d 698 |
| Court | Florida District Court of Appeals |
| Parties | 19 Fla. L. Weekly D2251 TROPICANA PRODUCTS, INC., Appellant, v. Edward GUNTHER, Appellee. |
John S. Smith, Shofi, Smith, Hennen, Smith, Jenkins, Stanley, Gramovot, P.A., Tampa, for appellant.
Alex Lancaster and Greggory P. Taussig, Lancaster & Eure, P.A., Sarasota, for appellee.
The self-insured employer, Tropicana Products, Inc., raises three issues on appeal: (I) Whether the judge of compensation claims (JCC) erred in finding that a visit to an authorized treating physician's office is sufficient to toll the statute of limitations under the facts of this case; (II) whether the JCC erred in awarding past and future medical bills of Dr. Hundley without making findings concerning the authorization of Dr. Hundley, nor findings of whether the medical bills were reasonable and necessary or whether the care was related to the employee's accident; and (III) whether the JCC erred in ordering that claimant's attorney's fee be determined by affidavit. We find no error as to issue I, and affirm without further discussion as to that issue. We reverse and remand, however, as to issues II and III.
After determining that the claim was not barred by the statute of limitations, the JCC ordered the employer to be responsible for past and future medical bills of Dr. Hundley as well as payment of attorney's fees and costs. The JCC made no findings in support of the award of past or future medical benefits. He also ordered that the amount of attorney's fees be addressed by affidavit, and denied the employer a right to a hearing on this matter.
The claimant properly concedes that it was error for the JCC to deny the employer the right to a hearing on the issue of the amount of attorney's fees owed to the claimant. We reverse and remand for a hearing on this matter.
In Martin County Bd. of County Comm'rs v. Jones, 595 So.2d 125 (Fla. 1st DCA 1992), this court reversed the JCC's order on the issue of payment of claimant's treating psychiatrist's outstanding medical bills where the employer/carrier (E/C) correctly asserted that the claimant never filed a claim or received authorization for treatment and the JCC never addressed this issue or made findings on the issue. "Absent findings of fact as to whether or not the JCC found the treatment was on an emergency basis, we must reverse the award of outstanding medical bills and remand for a determination of whether facts exist that...
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- Cooper v. State, 94-1349
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Staff Management Systems v. Wilkes, 93-1960
...benefits awarded were reasonable and necessary. We agree that such a finding is required in this case. See Tropicana Products v. Gunther, 643 So.2d 698 (Fla. 1st DCA 1994); University of Florida v. Vice, 601 So.2d 1294 (Fla. 1st DCA 1992); Polk County Board of Commissioners v. Varnado, 576 ......