Mcdonald's v. Weiler

District Court of Appeal of Florida

Mcdonald's v. Weiler

423 So. 2d 978, 1982 Fla. App. LEXIS 21776

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1982

DocketNo. AO-115

StatusPublished

Cited by1 cases

This text of 423 So. 2d 978 (Mcdonald's v. Weiler) 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

Mcdonald's v. Weiler, 423 So. 2d 978, 1982 Fla. App. LEXIS 21776 (Fla. Ct. App. 1982).

Pincite

Opinion

JOANOS, Judge.

We have reviewed the record and briefs in this workers’ compensation appeal and find that there is competent substantial evidence to support the deputy commissioner’s (DC) order, except that portion awarding payment of Dr. Stillman’s and Dr. Crown’s medical bills.

The DC failed to make a determination that Dr. Stillman’s and Dr. Crown’s failure to file medical reports was excused or waived. On remand, it is necessary for the DC to determine if good cause or waiver to excuse the non-compliance with the reporting requirements of section 440.13(1), Florida Statutes (1981) existed. Otherwise, the medical bills of Dr. Stillman and Dr. Crown should be disallowed. Olson v. Wagner, 390 So.2d 1247 (Fla. 1st DCA 1980).

Accordingly, the order is AFFIRMED in part, REVERSED in part and REMANDED for proceedings consistent with this opinion.

SHAW and WIGGINTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI