Manatee Memorial Hospital v. Love

District Court of Appeal of Florida

Manatee Memorial Hospital v. Love

382 So. 2d 751, 1980 Fla. App. LEXIS 16528

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1980

DocketNo. QQ-460

StatusPublished

This text of 382 So. 2d 751 (Manatee Memorial Hospital v. Love) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manatee Memorial Hospital v. Love, 382 So. 2d 751, 1980 Fla. App. LEXIS 16528 (Fla. Ct. App. 1980).

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Opinions

ROBERT P. SMITH, Jr., Judge.

The employer and carrier appeal from a compensation order directing payment of the past and future medical bills of Dr. Sullivan, whose services were not authorized by the carrier. Claimant sought and received treatment by an unauthorized physician because she did not know the carrier had authorized her treatment by another physician, had made an appointment for him to see her, and had twice so notified her attorney. The record contains no explanation by the attorney of why he did not so communicate with his client, and the attorney has made no appearance here. No reason is suggested why the attorney’s apparent fault should result in an award of fees for unauthorized medical care against the employer and carrier. Section 440.13, Florida Statutes (79). The award is

REVERSED.

SHAW, J., concurs. BOOTH, J., dissents with opinion.

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ROBERT P. SMITH, Jr., Judge.

The employer and carrier appeal from a compensation order directing payment of the past and future medical bills of Dr. Sullivan, whose services were not authorized by the carrier. Claimant sought and received treatment by an unauthorized physician because she did not know the carrier had authorized her treatment by another physician, had made an appointment for him to see her, and had twice so notified her attorney. The record contains no explanation by the attorney of why he did not so communicate with his client, and the attorney has made no appearance here. No reason is suggested why the attorney’s apparent fault should result in an award of fees for unauthorized medical care against the employer and carrier. Section 440.13, Florida Statutes (79). The award is

REVERSED.

SHAW, J., concurs. BOOTH, J., dissents with opinion.

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Bluebook (online)

382 So. 2d 751, 1980 Fla. App. LEXIS 16528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manatee-memorial-hospital-v-love-fladistctapp-1980.

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