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Crestview v. Richards

District Court of Appeal of Florida, First District
Aug 12, 2008
987 So. 2d 811 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D07-4366.

August 12, 2008.

An appeal from an order of the Judge of Compensation Claims. Nolan S. Winn, Judge.

Douglas F. Miller of Clark, Partington, Hart, Larry, Bond Stackhouse, Pensacola, for Appellants.

Woodburn S. Wesley, Jr. of Wesley, McGrail Wesley, Fort Walton Beach, and David A. McCranie of David A. McCranie, P.A., Orange Park, for Appellee.


The Employer/Carrier challenge the order of the Judge of Compensation Claims ("JCC") awarding evaluation by a dermatologist, evaluation by a psychiatrist, and treatment with a dermatologist. As to the first two benefits awarded, we affirm without comment. However, as to the award of treatment with a dermatologist, we reverse.

In the body of the Final Order the JCC found insufficient evidence of a causal link between Claimant's compensable injury and the dermatological condition he developed subsequent to surgery. The JCC expressly denied Claimant's request for treatment with a dermatologist, and awarded a dermatological evaluation to establish whether such connection existed. However, in the decretal portion of the order, the JCC awarded treatment. Given the JCC's finding with respect to causation, the award of treatment with a dermatologist was error. Accordingly, that portion of the Final Order is reversed.

AFFIRMED in part, and REVERSED in part.

ALLEN, DAVIS, and HAWKES, JJ., concur.


Summaries of

Crestview v. Richards

District Court of Appeal of Florida, First District
Aug 12, 2008
987 So. 2d 811 (Fla. Dist. Ct. App. 2008)
Case details for

Crestview v. Richards

Case Details

Full title:CITY OF CRESTVIEW and Florida League of Cities, Inc., Appellants, v. Dale…

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 2008

Citations

987 So. 2d 811 (Fla. Dist. Ct. App. 2008)