UNITED STATES FIRE INSURANCE v. HACKETT

No. 1D16-5745.

260 So.3d 532 (2018)

UNITED STATES FIRE INSURANCE COMPANY and Oxford Shops of South Florida, Appellants, v. Virginia HACKETT, Appellee.

District Court of Appeal of Florida, First District.

December 14, 2018.


Attorney(s) appearing for the Case

William H. Rogner and Andrew R. Borah of Hurley, Rogner, Miller, Cox and Waranch, P.A., Winter Park, for Appellants.

David C. Wiitala of Wiitala & Contole, P.A., North Palm Beach, for Appellee.


The JCC erroneously interpreted section 440.28 of the Florida Statutes as not authorizing an Employer/Carrier to petition for modification of previously-granted medical benefits. The JCC likewise erred in refusing to compel the Independent Medical Examination that the E/C requested. We reverse.

Deceit as to Claimed Attendant Care....

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