07-4366 CITY OF CRESTVIEW and FLORIDA LEAGUE OF CITIES v. DALE RICHARDS

State: Florida

Court: Florida First District Court

Docket No: 07-4366

Case Date: 08/12/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CITY OF CRESTVIEW and FLORIDA LEAGUE of CITIES, INC., Appellants, v. DALE RICHARDS, Appellee. _____________________________/ CASE NO. 1D07-4366 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed August 12, 2008. An appeal from an order of the Judge of Compensation Claims. Nolan S. Winn, Judge. Douglas F. Miller of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellants. Woodburn S. Wesley, Jr. of Wesley, McGrail & Wesley, Fort Walton Beach, and David A. McCranie of David A. McCranie, P.A., Orange Park, for Appellee. PER CURIAM. The Employer/Carrier challenge the order of the Judge of Compensation Claims ("JCC") awarding evaluation by a dermatologist, evaluation by a psychiatrist, and treatment with a dermatologist. As to the first two benefits awarded, we affirm without comment. However, as to the award of treatment with a dermatologist, we reverse.

In the body of the Final Order the JCC found insufficient evidence of a causal link between Claimant's compensable injury and the dermatological condition he developed subsequent to surgery. The JCC expressly denied Claimant's request for treatment with a dermatologist, and awarded a dermatological evaluation to establish whether such connection existed. However, in the decretal portion of the order, the JCC awarded treatment. Given the JCC's finding with respect to causation, the award of treatment with a dermatologist was error. Accordingly, that portion of the Final Order is reversed. AFFIRMED in part, and REVERSED in part. ALLEN, DAVIS, and HAWKES, JJ., CONCUR.

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