Florida District Courts of Appeal, 1980

Manatee Memorial Hospital v. Love

Manatee Memorial Hospital v. Love
Florida District Courts of Appeal · Decided March 31, 1980 · Booth, Shaw, Smith
382 So. 2d 751; 1980 Fla. App. LEXIS 16528 (Southern Reporter, Second Series)

Manatee Memorial Hospital v. Love

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 (Fla. 1st DCA 1979).

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

Opinion of the Court

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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