Vannice Const. Co. v. Silverman, AG-352
| Decision Date | 10 September 1982 |
| Docket Number | No. AG-352,AG-352 |
| Parties | VANNICE CONSTRUCTION COMPANY, and American States Insurance Company, Appellants, v. Frank SILVERMAN, Appellee. |
| Court | Florida District Court of Appeals |
John H. Thompson, IV, Earle & Thompson, St. Petersburg, for appellants.
Stevan T. Northcutt, Levine, Freedman, Hirsch & Levinson, Tampa, for appellee.
In this worker's compensation appeal, the employer/carrier contend the deputy erred in utilizing and relying on Dr. Lossing's rating which was not based on the American Medical Association's Guides to the Evaluation of Permanent Impairment (AMA Guides). The employer/carrier further urge as error paragraph five of the deputy's order 1--which arguably requires them to pay claimant's psychiatric bills--on the ground that there was no compliance with the reporting requirements of Section 440.13(1), Florida Statutes (Supp.1978). In his cross-appeal, claimant contends the deputy erred in determining his disability solely on the basis of his anatomical impairment without consideration of his loss of wage earning capacity. He also complains that the deputy erred in failing to require payment of his physicians' bills.
Although the deputy's reliance on Dr. Lossing's rating was a technical error, we nevertheless affirm this point because the employer/carrier failed to bring this error to the deputy's attention during the thirty day period before the order became final. Dade American Hospital Supply v. Perez, 417 So.2d 296 (Fla. 1st DCA 1982). We also affirm without discussion, the deputy's finding of no wage earning capacity loss in excess of the 35% permanent impairment rating as this is supported by competent and substantial evidence in the record. Next, we find that payment of claimant's physicians' bills was a contested issue below and thus the deputy was required to determine whether the reporting requirements of Section 440.13(1) were met, or if not, whether there was an excuse for noncompliance. 2 The deputy's failure to make findings in this respect requires reversal on this point. Arkin Building Corporation v. Miller, 401 So.2d 874 (Fla. 1st DCA 1981).
Finally, we construe paragraph five of the deputy's order as requiring payment of claimant's psychiatrist's bill. This was error since the order does not set forth good cause for the psychiatrist's failure to follow the reporting requirements of Section 440.13(1). A finding of good cause is a prerequisite to an...
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