Roy T. Brinson Lathing & Drywall v. Thomas

District Court of Appeal of Florida

Roy T. Brinson Lathing & Drywall v. Thomas

530 So. 2d 379, 13 Fla. L. Weekly 1850, 1988 Fla. App. LEXIS 3547, 1988 WL 81572

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1988

DocketNo. 87-861

StatusPublished

Cited by1 cases

This text of 530 So. 2d 379 (Roy T. Brinson Lathing & Drywall v. Thomas) 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.

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Roy T. Brinson Lathing & Drywall v. Thomas, 530 So. 2d 379, 13 Fla. L. Weekly 1850, 1988 Fla. App. LEXIS 3547, 1988 WL 81572 (Fla. Ct. App. 1988).

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Opinion

BARFIELD, Judge.

We affirm the deputy’s order requiring reimbursement of outstanding medical bills and awarding continuing medical care. In October 1986, the claimant filed a claim for payment of medical bills incurred in June, 1985. These expenses were incurred within two years of the last medical care paid for by the e/c, which was provided in September, 1984 and paid in October, 1985. The e/c argues that the claim is now barred by the two year statute of limitation in section 440.19, Florida Statutes. We disagree. In ordering the e/c to pay for the June, 1985 care, the deputy determined that the June, 1985 treatment was care the e/c should have provided. Merely because the e/c chose not to pay for this treatment at the time does not mean the deputy could not later find the e/c’s decision to be incorrect and order payment for this care. Having found the medical treatment to be payable as of a date certain (and within two years of the last payment for such care), the claim for subsequent and continuing treatment filed within two years of that date would be timely. The deputy’s order is therefore AFFIRMED.

WENTWORTH and ZEHMER, JJ., concur.

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BARFIELD, Judge.

We affirm the deputy’s order requiring reimbursement of outstanding medical bills and awarding continuing medical care. In October 1986, the claimant filed a claim for payment of medical bills incurred in June, 1985. These expenses were incurred within two years of the last medical care paid for by the e/c, which was provided in September, 1984 and paid in October, 1985. The e/c argues that the claim is now barred by the two year statute of limitation in section 440.19, Florida Statutes. We disagree. In ordering the e/c to pay for the June, 1985 care, the deputy determined that the June, 1985 treatment was care the e/c should have provided. Merely because the e/c chose not to pay for this treatment at the time does not mean the deputy could not later find the e/c’s decision to be incorrect and order payment for this care. Having found the medical treatment to be payable as of a date certain (and within two years of the last payment for such care), the claim for subsequent and continuing treatment filed within two years of that date would be timely. The deputy’s order is therefore AFFIRMED.

WENTWORTH and ZEHMER, JJ., concur.

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530 So. 2d 379, 13 Fla. L. Weekly 1850, 1988 Fla. App. LEXIS 3547, 1988 WL 81572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-t-brinson-lathing-drywall-v-thomas-fladistctapp-1988.

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