Home Health Services v. Fields

Full title: HOME HEALTH SERVICES AND SELECTIVE INSURANCE COMPANY, APPELLANTS, v…

Court: District Court of Appeal of Florida, First District

Date published: Feb 23, 1994

632 So. 2d 271 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-4002.

February 23, 1994.

An Appeal from the Judge of Compensation Claims; Joseph E. Willis, Judge.

Cindy R. Galen of O'Riorden, Mann, Hootman, Ingram Dunkle, P.A., Sarasota, for appellants.

Melanie T. Cease of Matusek, McKnight, Jaspers Cangro, P.A., St. Petersburg, for appellee.

ERVIN, Judge.

The employer/carrier (E/C), Home Health Services and Selective Insurance Company, appeal a decision of the judge of compensation claims (JCC) awarding benefits to claimant, Chattie Fields. We affirm the JCC's rejection of the E/C's statute of limitations defense¹, and his direction to the E/C to authorize a physician who is not a surgeon.²

1 Turner v. Keller Kitchen Cabinets, S., Inc., 247 So.2d 35, 40 (Fla. 1971); Gilman v. South Fla. Water Management Dist., 584 So.2d 591, 596 (Fla. 1st DCA 1991); John Ringling Towers v. Klein, 573 So.2d 154 (Fla. 1st DCA 1991); Strack v. Executive Motors, Inc., 500 So.2d 703 (Fla. 1st DCA 1987); Munsinger v. Edge, 1 F.C.R. 103 (Fla.Ind.Comm'n 1953), cert. denied, 85 So.2d 757 (Fla. 1955).

2 Lewis v. Town Country Auto Body Shop, 447 So.2d 403, 406 (Fla. 1st DCA 1984).

We construe the JCC's reservation of jurisdiction on Field's claim for chiropractic treatment as a denial of that claim without prejudice, as there was no evidence supporting such claim, and we affirm this as well.

AFFIRMED.

BARFIELD and BENTON, JJ., concur.