Florida District Courts of Appeal, 1980

Deconna Ice Cream Co. v. Desourdy

Deconna Ice Cream Co. v. Desourdy
Florida District Courts of Appeal · Decided April 8, 1980 · Booth, Shaw, Smith
382 So. 2d 138; 1980 Fla. App. LEXIS 23704 (Southern Reporter, Second Series)

Deconna Ice Cream Co. v. Desourdy

Opinion of the Court

ROBERT P. SMITH, Jr., Judge.

Substantial competent evidence supports the decision of the Judge of Industrial Claims that claimant was temporarily totally disabled, by reason of a compensable subendocardial infarction. The compensation order is deficient, however, in its failure to record findings which conceivably may excuse the failure of those rendering medical services to provide timely reports to the employer and carrier. Section 440.-13(1), Florida Statutes (1979). The order is also deficient in awarding an attorney’s fee which inappropriately takes into consideration professional services rendered claimant in proceedings before the Industrial Relations Commission where claimant did not prevail. The order will therefore be vacated and the cause remanded.

REVERSED.

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

Dissenting Opinion

BOOTH, Judge,

dissenting.

I dissent from this court’s retention of jurisdiction in this case, which arose outside the territorial jurisdiction of the court. See Crews v. Town of Bay Harbor, 378 So.2d 1265, 1979 (Fla. 1st DCA).

On the merits, I would concur in the majority’s opinion.

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