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Zahorian v. Department of Transp

District Court of Appeal of Florida, First District
Apr 3, 1985
464 So. 2d 1295 (Fla. Dist. Ct. App. 1985)

Opinion

No. AZ-376.

March 7, 1985. Rehearings Denied April 3, 1985.

Appeal from the Deputy Commissioner, A.S. Fontaine.

John Zahorian, Jr., appellant, pro se.

Thomas J. Maida and Michael G. Maida of Karl, McConnaughhay, Roland Maida, Tallahassee, for appellee.


The deputy commissioner erred in failing to grant appellant's request for medical expenses to cover the cost of a new pair of orthopedic shoes, as the uncontradicted report of Dr. Hutchinson dated March 7, 1984, suffices to establish a "medical necessity" for the shoes. See, Professional Administrators v. Macias, 448 So.2d 1159, 1160 (Fla. 1st DCA 1984). That portion of the deputy commissioner's order denying the sought-after expenses for shoes is reversed and remanded for entry of an order granting appellant's request upon introduction of evidence establishing the shoes' cost, Department of Highway Safety Motor Vehicles v. Lo Bianco, 431 So.2d 229 (Fla. 1st DCA 1983); Friendly Ford v. Hurrell, 427 So.2d 207, 210 (Fla. 1st DCA 1983). Appellant's other points on appeal are without merit.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

ERVIN, C.J., and SMITH and NIMMONS, JJ., concur.


Summaries of

Zahorian v. Department of Transp

District Court of Appeal of Florida, First District
Apr 3, 1985
464 So. 2d 1295 (Fla. Dist. Ct. App. 1985)
Case details for

Zahorian v. Department of Transp

Case Details

Full title:JOHN ZAHORIAN, JR., APPELLANT, v. DEPARTMENT OF TRANSPORTATION, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 3, 1985

Citations

464 So. 2d 1295 (Fla. Dist. Ct. App. 1985)