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Diamond Restaurant v. Clark

District Court of Appeal of Florida, First District
Aug 8, 1990
565 So. 2d 380 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-332.

August 8, 1990.

Appeal from the Judge of Compensation Claims, Alan M. Kuker.

Robert H. Gregory, Coral Gables, for appellants.

Mark L. Zientz of Williams Zientz, Miami, for appellee.


The employer/carrier appeal a workers' compensation order requiring them to pay the outstanding and future medical bills of Dr. Suarez. In his order, the Judge of Compensation Claims (JCC) stated "I find, based upon a written stipulation between the parties, that Dr. Suarez was previously authorized by the carrier to provide the claimant with future medical treatment and care." Despite claimant's urging, the JCC's basis for finding Dr. Suarez authorized is not independent of the attempted settlement agreement.

This court's reversal of Clark v. Diamond Restaurant, 564 So.2d 1201 (Fla. 1st DCA 1990) in effect, dissolved the parties' attempted settlement agreement and rendered its terms binding on no one. Since the JCC's order is founded on that agreement, it too must be reversed.

JOANOS and MINER, JJ., concur.


Summaries of

Diamond Restaurant v. Clark

District Court of Appeal of Florida, First District
Aug 8, 1990
565 So. 2d 380 (Fla. Dist. Ct. App. 1990)
Case details for

Diamond Restaurant v. Clark

Case Details

Full title:DIAMOND RESTAURANT, D/B/A ARBY'S, AND LIBERTY MUTUAL INSURANCE COMPANY…

Court:District Court of Appeal of Florida, First District

Date published: Aug 8, 1990

Citations

565 So. 2d 380 (Fla. Dist. Ct. App. 1990)