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Albertsons Grocery & Drug Store v. Jones

Citations: 379 So. 2d 703; 1980 Fla. App. LEXIS 15832Docket: No. QQ-156

Court: District Court of Appeal of Florida; February 6, 1980; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms the responsibility of the employer/carrier to provide ongoing treatment from Dr. Hooshmand to the claimant, including related benefits necessary for the claimant's treatment and recovery from injuries incurred in a compensable accident. This obligation is effective from the date of the hearing and must comply with legal requirements regarding duration and manner of treatment. The court reserves jurisdiction to address the determination of attorneys' fees and costs. Chief Judge Mills and Judge McCord concur with the decision, while Judge Booth dissents, providing a separate opinion.

Legal Issues Addressed

Effective Date and Compliance of Treatment Obligation

Application: The obligation for the employer/carrier to provide treatment commences from the date of the hearing and must adhere to legal standards regarding the treatment's duration and manner.

Reasoning: This obligation is effective from the date of the hearing and must comply with legal requirements regarding duration and manner of treatment.

Employer/Carrier Responsibility for Medical Treatment

Application: The court confirms that the employer/carrier is obligated to continue providing medical treatment to the claimant as prescribed by Dr. Hooshmand, ensuring the claimant's recovery from a compensable accident.

Reasoning: The court affirms the responsibility of the employer/carrier to provide ongoing treatment from Dr. Hooshmand to the claimant, including related benefits necessary for the claimant's treatment and recovery from injuries incurred in a compensable accident.

Reservation of Jurisdiction on Attorneys' Fees and Costs

Application: The court retains the authority to make future determinations regarding the awarding of attorneys' fees and costs related to the case.

Reasoning: The court reserves jurisdiction to address the determination of attorneys' fees and costs.