Roy T. Brinson Lathing & Drywall v. Thomas

Florida District Courts of Appeal
Roy T. Brinson Lathing & Drywall v. Thomas, 530 So. 2d 379 (1988)
13 Fla. L. Weekly 1850; 1988 Fla. App. LEXIS 3547; 1988 WL 81572
Barfield, Wentworth, Zehmer

Roy T. Brinson Lathing & Drywall v. Thomas

Opinion of the Court

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.

Reference

Full Case Name
ROY T. BRINSON LATHING AND DRYWALL and Hill, Richards & Companies, Inc. v. Harold Dean THOMAS
Cited By
1 case
Status
Published