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Mayo Clinic v. Tomblin

District Court of Appeal of Florida, First District
Aug 27, 1998
715 So. 2d 1016 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3918

July 20, 1998. Rehearing Denied August 27, 1998

An appeal from an order entered by Judge of Compensation Claims Ivy Cream Harris.

Richard M. Stoudemire and Jeremy B. Akel of Cole, Stone, Stoudemire Morgan, P.A., Jacksonville, for Appellants.

W. Marc Hardesty of Hardesty Tyde, P.A., Jacksonville, for Appellee.


The judge of compensation claims ("JCC") ordered that "[p]ayment of all past psychological treatment shall be born[e] by the Employer/Carrier." As far as the record reflects, Sheila Tomblin did not request authorization for psychological treatment until December 4, 1995. See § 440.13(2)(d), Fla. Stat. (Supp. 1990); see also Martin County Bd. of County Comm'rs v. Jones, 595 So.2d 125, 127 (Fla. 1st DCA 1992) (holding that an employer has no liability for medical treatment "without authorization or the need for emergency treatment"). We therefore modify the JCC's order to apply only to psychological treatment that occurred after December 4, 1995, and remand for the JCC to determine exactly which medical bills the appellants must pay. In all other respects, we affirm.

BENTON, VAN NORTWICK, and PADOVANO, JJ., concur.


Summaries of

Mayo Clinic v. Tomblin

District Court of Appeal of Florida, First District
Aug 27, 1998
715 So. 2d 1016 (Fla. Dist. Ct. App. 1998)
Case details for

Mayo Clinic v. Tomblin

Case Details

Full title:MAYO CLINIC and JOHNS EASTERN INSURANCE COMPANY, Appellants, v. SHEILA…

Court:District Court of Appeal of Florida, First District

Date published: Aug 27, 1998

Citations

715 So. 2d 1016 (Fla. Dist. Ct. App. 1998)