Smurfit-Stone Container Corp. v. Taylor

District Court of Appeal of Florida

Smurfit-Stone Container Corp. v. Taylor

786 So. 2d 1207, 2001 Fla. App. LEXIS 7575, 2001 WL 584343

District Court of Appeal of Florida·Decided June 1, 2001·No. No. 1D00-3799·Published·Cited by 1 cases

Opinions

PER CURIAM.

Smurfit-Stone Container Corp. and its workers’ compensation insurance carrier, RSKCO (Appellants) appeal an order of the Judge of Compensation Claims (JCC) awarding attorney’s fees. We hold, for purposes of this case, that Appellee’s filing of'his Motion for Emergency Conference, pursuant to section 440.25(4)(h), satisfied any pleading requirements under section 440.192. See Town & Country Farms v. Peck, 611 So.2d 63 (Fla. 1st DCA 1992) (notice and filing requirements may be excused in emergency situations). As Appellants refused to authorize the medically necessary emergency care even after the Motion for Emergency Conference was filed, Appellants incurred liability for Ap-pellee’s attorney’s fees. See Allen v. Tyrone Square 6 AMC Theaters, 731 So.2d 699 (Fla. 1st DCA 1999). We do not consider the lack of a written fee agreement as this issue was never presented to the JCC. See Univ. of W. Fla. v. Mixson, 752 So.2d 92 (Fla. 1st DCA 2000); Weaver v. Southern Bell, 703 So.2d 1213 (Fla. 1st DCA 1997).

AFFIRM.

VAN NORTWICK and LEWIS, JJ., CONCUR; BENTON, J., CONCURS with opinion.

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PER CURIAM.

Smurfit-Stone Container Corp. and its workers’ compensation insurance carrier, RSKCO (Appellants) appeal an order of the Judge of Compensation Claims (JCC) awarding attorney’s fees. We hold, for purposes of this case, that Appellee’s filing of'his Motion for Emergency Conference, pursuant to section 440.25(4)(h), satisfied any pleading requirements under section 440.192. See Town & Country Farms v. Peck, 611 So.2d 63 (Fla. 1st DCA 1992) (notice and filing requirements may be excused in emergency situations). As Appellants refused to authorize the medically necessary emergency care even after the Motion for Emergency Conference was filed, Appellants incurred liability for Ap-pellee’s attorney’s fees. See Allen v. Tyrone Square 6 AMC Theaters, 731 So.2d 699 (Fla. 1st DCA 1999). We do not consider the lack of a written fee agreement as this issue was never presented to the JCC. See Univ. of W. Fla. v. Mixson, 752 So.2d 92 (Fla. 1st DCA 2000); Weaver v. Southern Bell, 703 So.2d 1213 (Fla. 1st DCA 1997).

AFFIRM.

VAN NORTWICK and LEWIS, JJ., CONCUR; BENTON, J., CONCURS with opinion.

Smurfit-Stone Container Corp. v. Taylor, 786 So. 2d 1207, 2001 Fla. App. LEXIS 7575, 2001 WL 584343 (Fla. Ct. App. 2001).

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