Heller Bros. v. Avans, 414 So. 2d 1191 (Fla. 1st DCA 1982). · Go Syfert
Heller Bros. v. Avans, 414 So. 2d 1191 (Fla. 1st DCA 1982). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: BRADLEY CONST. v. White (fladistctapp, 1984-10-09)
Top citers, strongest first. 2 distinct citers.
cited Cited "see" BRADLEY CONST. v. White
Fla. Dist. Ct. App. · 1984 · signal: see · confidence high
See Heller Brothers v. Avans, 414 So.2d 1191 (Fla. 1st DCA 1982); K-Mart Corporation v. Nasoni, 377 So.2d 821 (Fla. 1st DCA 1979).
cited Cited "see, e.g." Romero v. Waterproofing Systems of Miami
Fla. Dist. Ct. App. · 1986 · signal: see also · confidence low
Roston, 404 So.2d at 175 ; see also Heller Brothers v. Avans, 414 So.2d 1191 (Fla. 1st DCA 1982).
HELLER BROTHERS and Liberty Mutual
v.
Ronald AVANS
No. AH-132.
District Court of Appeal of Florida, First District.
Jun 11, 1982.
414 So. 2d 1191
Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for appellants., Edward H. Hurt of Hurt & Parrish, Orlando, and Bill McCabe of Shepherd, McCabe & Cooley, Orlando, for appellee.
Booth, Ton, Wentworth, Wiggin.
Cited by 2 opinions  |  Published
PER CURIAM.

This cause is before us on appeal by the employer/carrier from a workers’ compensation order awarding temporary total disability benefits from the date of the accident and continuing, an examination, evaluation and treatment, if necessary, by Dr. German Montoya, and reserving jurisdiction to award attorney’s fees. We reverse the award of temporary total disability benefits, as there was no competent substantial evidence that claimant was unable to work subsequent to May 4, 1981.[1] See Lindsley Home Care Centers v. Fuster, 413 So.2d 810 (Fla. 1st DCA 1982). Accordingly, the Deputy Commissioner erred in awarding temporary total disability absent a showing of a bona fide work search. LeHigh Corporation v. Byrd, 397 So.2d 1202, 1204 (Fla. 1st DCA 1981).

The award of an examination and treatment “if necessary” by Dr. Montoya was also erroneous, absent a conflict in the medical evidence, as there were no allegations that authorized remedial treatment furnished was inadequate or otherwise inappropriate. See K-Mart Corporation v. Nasoni, 377 So.2d 821 (Fla. 1st DCA 1979). The claimant produced no evidence that further evaluation was reasonably required by the nature of his injury. Section 440.-13(1), Florida Statutes; Bryant v. Elberta Crate & Box Co., 156 So.2d 844 (Fla.1963).

Accordingly, the order below is REVERSED.

BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.
1

On this date, the employer/carrier stopped voluntarily paying temporary total disability benefits.