BARNETT v. EMR TELEMETRY

No. SS-396.

396 So.2d 791 (1981)

Joseph R. BARNETT, Appellant, v. EMR TELEMETRY and Travelers Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 1, 1981.


Attorney(s) appearing for the Case

Sheldon J. Gensler, Sarasota, for appellant.

Douglas P. Lawless of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellees.


PER CURIAM.

The sole issue for our determination is whether claimant's examination by Dr. Padar on August 7, 1978 constituted remedial attention or remedial treatment as contemplated by Sections 440.13(3)(b) and 440.19(1)(a), Florida Statutes (1971). The deputy commissioner found that it did not and concluded therefore that the claim for compensation benefits, filed April 2, 1979, should be dismissed with prejudice. We reverse.

Section 440.13(3)(b) provides...

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