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Eastern Airlines v. Becker

District Court of Appeal of Florida, First District
Nov 7, 1994
644 So. 2d 610 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-3024.

November 7, 1994.

Appeal from the Judge of Compensation Claims, John Tomlinson, J.

David J. Gerhardt, N. Miami Beach, for appellants.

Mark L. Zientz of Levine, Busch, Schnepper Stein, P.A., Miami, for appellee.


The employer/carrier appeal a workers' compensation order which we affirm except as to the authorization of a doctor for future medical care. Because the parties did not present any issue below for adjudication in this regard, the judge should not have addressed this matter. E.g., Sewell Plastics v. Jackson, 418 So.2d 442 (Fla. 1st DCA 1982). And as the claimant concedes, payment for past medical care should be limited to the medical bills which were established by record evidence. E.g., Metropolitan Dade County v. Moss, 568 So.2d 492 (Fla. 1st DCA 1990). We so construe the order as to the payment for past medical, and we strike from the order any authorization for future medical. As amended, the order is affirmed.

ALLEN, WEBSTER and DAVIS, JJ., concur.


Summaries of

Eastern Airlines v. Becker

District Court of Appeal of Florida, First District
Nov 7, 1994
644 So. 2d 610 (Fla. Dist. Ct. App. 1994)
Case details for

Eastern Airlines v. Becker

Case Details

Full title:EASTERN AIRLINES AND TRAVELERS INSURANCE CO., APPELLANTS, v. FREDDY…

Court:District Court of Appeal of Florida, First District

Date published: Nov 7, 1994

Citations

644 So. 2d 610 (Fla. Dist. Ct. App. 1994)

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