Opinion

Herder v. School Board of Palm Beach County

  • 388 So. 2d 626
  • 1980 Fla. App. LEXIS 17690
Court
District Court of Appeal of Florida
Filed
Sep 25, 1980
Status
Published
Author
Mills
On the bench
McCord, Mills, Thompson
Cited by
1 cases
Authority
More cited than 50.9%

The opinion

MILLS, Chief Judge.

Shirley Herder appeals from an order of the Judge of Industrial Claims urging that the Judge misapprehended the issue before him. We agree and reverse.

The issue before the Judge was whether Herder should be allowed to continue under the care of an osteopathic physician or whether she should be required to seek further medical care, if any was necessary, from one of the orthopedic surgeons authorized by the employer/carrier. The order provided, in pertinent part:

“I find at this time that further treatment by chiropractor is not indicated and that the claimant is authorized to return to Dr. Shortz for treatment.”

Since there is nothing in the record to indicate that Herder ever requested or received the services of a chiropractor, it appears that the Judge either confused this case with another or misapprehended the issues. We, therefore, reverse and remand to the deputy commissioner for a determination of the issue before him and the entry of an order pursuant to that decision.

REVERSED and REMANDED.

McCORD and THOMPSON, 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.

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