Charles Samaha

  FREE CONSULTATION 727-821-0026

Page 144
641 So.2d 144
19 Fla. L. Weekly D1546
David NELSON, Appellant,
HENKELS & McCOY, INC./Liberty Mutual Insurance Co., Appellees.
No. 93-2193.
District Court of Appeal of Florida,
First District.
July 19, 1994.
Rehearing Denied Aug. 31, 1994.

An appeal from an order of Judge of Compensation Claims, Donna S. Remsnyder.

Charles M. Samaha, St. Petersburg, for appellant.

G. Dennis Lynn, Jr., of Mastry, Marger, Davis, Johnson, Bartlett & Lynn, St. Petersburg, for appellees.


Nelson appeals from a final order of the judge of compensation claims finding that his claim for medical care and treatment was time barred by section 440.19, Florida Statutes. We reverse and remand for a determination of whether the claimant would have qualified for employer-furnished medical treatment if he had not been incarcerated. USS Agri-Chemicals v. Waddell, 537 So.2d 111 (Fla.1989); Tauben v. Joe's Stone Crabs, Inc., 632 So.2d 102 (Fla. 1st DCA 1994).

Reversed and remanded.

BARFIELD, MINER, and WOLF, JJ., concur.

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