Opinion

Metropolitan Dade County Board of County Commissioners v. Atkinson

  • 384 So. 2d 241
  • 1980 Fla. App. LEXIS 16874
Court
District Court of Appeal of Florida
Filed
Jun 2, 1980
Status
Published
Author
Ervin
On the bench
Ervin, Smith, Went, Worth
Cited by
0 cases

The opinion

ERVIN, Judge.

After considering the record and the parties’ briefs, we consider that a portion of the order below, requiring Bituminous Casualty Corporation to reimburse Metropolitan Dade County Self-Insurance Fund for permanent partial disability payments the latter made to claimant, conflicts with that portion of the order stating the issue relating to claimant's permanent disability was undecided because not requested by claimant.

We agree the issue was not before the judge of industrial claims for decision. Accordingly, paragraph two of the decretal portion of the order is modified by striking the following words: “[N]ot only for the 5% permanent partial disability of the body as a whole rating which was paid to claimant, but also . . . .” The remainder of the order is sustained. We find competent and substantial evidence supporting the findings that the statute of limitations had not expired when the claim for medical benefits was filed, and that the March 4, 1976 accident was not an intervening accident relieving Bituminous from further responsibility for claimant’s medical care.

Affirmed in part, reversed in part.

ROBERT P. SMITH, Jr. and WENT-WORTH, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.