Miami-Dade County v. Mitchell
Docket: No. 1D98-3686
Court: District Court of Appeal of Florida; March 12, 2000; Florida; State Appellate Court
In this workers’ compensation case, the self-insured employer appeals a ruling while the claimant cross-appeals. The court reverses the order requiring the employer to pay for medical services provided by Dr. Abeckjerr from the date of the accident until February 14, 1997, citing an abuse of discretion for allowing the doctor to bypass the statutory requirements outlined in section 440.13(3)(a) and (4)(a) of the Florida Statutes (1995). However, the court upholds the employer's obligation to cover services from February 14, 1997, until the claimant reaches maximum medical improvement, as authorized by section 440.13(2)(c). Additionally, the court reverses the directive for the employer to pay for future medical care, remanding the issue for further consideration regarding whether the November 11, 1995, accident was the "major contributing cause" for any future treatment, referencing a related decision in Closet Maid v. Sykes. The court affirms all other aspects of the order. The decision concludes with a partial affirmation, partial reversal, and directions for further proceedings. KAHN, WEBSTER, and PADOVANO, JJ., concur.