Florida District Courts of Appeal, 1997

Wuesthoff Memorial Hospital v. Schmitt

Florida District Courts of Appeal · Decided June 4, 1997 · Barfield, Ervin, Kahn

694 So. 2d 145; 1997 Fla. App. LEXIS 6184; 1997 WL 291486 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

ST. AUGUSTINE MARINE CANVAS v. Lunsford (Fla. Dist. Ct. App. 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This case involves authorization and payment for past and future medical care for a workers’ compensation claimant. The Judge of Compensation Claims (JCC) erroneously relied on section 440.13(3)(d), Florida Statutes (Supp. 1994), because this section applies only to requests from doctors for referrals to other doctors and not to requests by employees. Wal Mart Stores, Inc. v. Mann, 690 So.2d 649 (Fla. 1st DCA 1997). The error is harmless because competent substantial evidence supports the order without regard to section 440.13(3)(d). See § 440.13(2)(c), Fla. Stat. (Supp. 1994); Mehrer v. Creative Hairdressers, Inc., 659 So.2d 333 (Fla. 1st DCA *1461995); Miller v. State Dep’t of Transp., 679 So.2d 854 (Fla. 1st DCA 1996).

AFFIRMED.

BARFIELD, C.J., and ERVIN and KAHN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.