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Metropolitan Dade Co. v. Moss

District Court of Appeal of Florida, First District
Oct 11, 1990
568 So. 2d 492 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2992.

October 11, 1990.

Appeal from the Judge of Compensation Claims, Judith Nelson.

Robert A. Ginsburg, Dade Co. Atty. and Carol A. Anderson, Asst. Co. Atty., Miami, for appellant.

Jeffrey S. Breslow of Ira J. Druckman, P.A., Miami, for appellee.


Metropolitan Dade County has appealed an order of the judge of compensation claims awarding payment of Dr. Jacobson's bills, of the hospital bill relating to surgery performed by Jacobson, and temporary total disability benefits from August 4, 1988 to April 20, 1989. We affirm in part, reverse in part and remand for further proceedings.

An order requiring the payment of past medical bills is not supported by competent substantial evidence when the claimant fails either to submit medical bills into evidence, Dade County School Board v. Albert, 438 So.2d 990, 991 (Fla. 1st DCA 1983), or to introduce testimony as to the amount of the charges, Chase v. Henkel McCoy, 562 So.2d 831, 833 (Fla. 1st DCA 1990). In this case, neither the medical bills themselves, nor testimony as to their amount, appears in the record. We therefore reverse that portion of the order awarding the payment of medical bills, and remand to the judge of compensation claims to give claimant the opportunity to submit evidence as to the amount of such bills. In all other respects, the order appealed is affirmed.

Affirmed in part, reversed in part and remanded with directions.

WENTWORTH and ALLEN, JJ., concur.


Summaries of

Metropolitan Dade Co. v. Moss

District Court of Appeal of Florida, First District
Oct 11, 1990
568 So. 2d 492 (Fla. Dist. Ct. App. 1990)
Case details for

Metropolitan Dade Co. v. Moss

Case Details

Full title:METROPOLITAN DADE CO., SELF-INSURED, APPELLANT, v. GLADYS MOSS, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 11, 1990

Citations

568 So. 2d 492 (Fla. Dist. Ct. App. 1990)

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