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C & H CONST. v. LEYMAN

No. AT-383.

453 So.2d 1163 (1984)

C & H CONSTRUCTION and Aetna Insurance Company, Employer/Carrier/Appellants, v. Michael LEYMAN, Employee/Claimant/Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 6, 1984.

Attorney(s) appearing for the Case

Mark E. Hungate of Fowler, White, Gillen, Boggs, Villareal & Banker, St. Petersburg, for employer/carrier/appellants.

Thomas Cassidy of Smith, Cassidy, Platt & Harris, Lakeland, for employee/claimant/appellee.

BARFIELD, Judge.

In this workers' compensation case the court is again faced with a challenge to the award of rehabilitation benefits by the deputy commissioner on the grounds that the claimant did not first apply to the Division of Workers' Compensation for evaluation before embarking on a rehabilitation program. The legal predicate for the appeal is that two cases from this court, Bailey v. Hawes Chrysler-Plymouth, 410 So.2d 986

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